HomeMy WebLinkAboutPACKET MARCH 18 2003 0 Lllu7ijt
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 18, 2003 1:30 P.M.
AGENDA
CALL TO ORDER
Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items/Consent Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider approving an ordinance authorizing the issuance and sale of$9 million
City of Beaumont, Texas, Certificates of Obligation, Series 2003
2. Consider amending General Election Ordinance No. 03-007 Section 3, paragraph
'J" changing the compensation rate for precinct judges and clerks who will work in
the General Election May 3, 2003 and who will work, if necessary, in a Runoff
Election May 17, 2003
3. Consider amending General Election Ordinance No. 03-007 to provide for a ballot
proposition authorizing the sale of a 0.97 acre portion of Combest Park and all of
Hebert, Jacobs and Oakland/Maple Parks on the May ballot
4. Consider amending Chapter 28, Article V, Industrial Waste Standards of the Code
of Ordinances
WORKSESSION
* Discuss election procedures, terms and possible Charter amendments
Discuss proposed changes to the Code of Ordinances relating to Junk Motor
Vehicles, Weed Control and Litter Control
COMMENTS
* Councilmembers/City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Don Salter v City of Beaumont& County of Jefferson(TC)
International Association of Firefighters, Local 399 v. City of Beaumont
TJC Investments Small Business Revolving Loan Default
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
1
March 18,2003
Consider Consider approving an ordinance authorizing the issuance and sale of$9 million City of
Beaumont, Texas, Certificates of Obligation, Series 2003
City of Beaumont
•�• � Council
Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kandy Daniel, Treasurer
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: March 12, 2003
REQUESTED ACTION: Council consider an ordinance authorizing the issuance and sale of
$9 million City of Beaumont, Texas, Certificates of Obligation, Series 2003; levying taxes to
provide for payment thereof; and containing other matters related thereto.
RECOMn'IENDATION
The administration requests approval of an ordinance authorizing the issuance and sale of $9
million City of Beaumont, Texas, Certificates of Obligation, Series 2003; levying taxes to provide
for payment thereof, and containing other matters related thereto.
BACKGROUND
Results of the competitive bid process will be read by the City's Financial Advisor, Frank
Ildebrando of RBC Dain Rauscher. A recommendation will be made to award the certificates
to the underwriter offering the lowest overall interest cost to the City.
The certificates of obligation will mature March 1, 2006 through March 1, 2018 with interest
payable semiannually in March and September beginning March 1, 2004. Wells Fargo Bank,
Texas, N.A. will serve as paying agent/registrar.
Delivery and receipt of proceeds by the City is scheduled for April 17, 2003. Proceeds will be
used to provide funds for various street, drainage, building and park improvements.
BUDGETARY IMPACT
All debt and other expenses shall be incurred in the Debt Service Fund which is supported by
property taxes.
PREVIOUS ACTION
A resolution was approved on December 10, 2002 to provide for the reimbursement of costs
incurred prior to issuance of the Certificates of Obligation and on February 18, 2003 to approve
the notice of sale.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Finance Officer.
RECOMMENDED MOTION
Approve/Deny an ordinance authorizing the issuance and sale of$9 million City of Beaumont,
Texas, Certificates of Obligation, Series 2003; levying taxes to provide for payment thereof; and
containing other matters related thereto.
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $9,000,000
THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2003;
LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF;
AND CONTAINING OTHER MATTERS RELATED THERETO
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THE CITY OF BEAUMONT §
WHEREAS,the City Council of The City of Beaumont, Texas (the "City"),has heretofore
authorized the publication of a notice of intention to issue certificates of obligation to the effect that
the City Council would meet on March 18, 2003, the date tentatively set for passage of an
ordinance and such other action as may be deemed necessary to authorize the issuance of
certificates of obligation payable from City ad valorem taxes and a pledge of certain revenues of the
City's waterworks and sewer system, or as soon thereafter as may be practicable, for the purpose of
evidencing the indebtedness of the City for the cost of construction of authorized street and
drainage improvements, building repairs and improvements, public park facilities and
improvements and also for the cost of issuance of such certificates of obligation; and
WHEREAS, such notice was published at the times and in the manner required by the
Constitution and the laws of the State of Texas and the United States of America, respectively,
particularly Chapter 271, Texas Local Government Code, as amended; and
WHEREAS, no petition or other request has been filed with or presented to any official of
the City requesting that any of the proceedings authorizing such certificates of obligation be
submitted to a referendum or other election; and
WHEREAS, the City Council of the City has determined to authorize such certificates of
obligation for the purposes set out in this Ordinance; and
WHEREAS, the City is authorized, pursuant to Chapter 1502, Texas Government Code, as
amended, to pledge not more than $10,000 of the net revenues of the City's waterworks and sewer
system as security for the certificates of obligation authorized herein;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
1. Preamble. The matters and facts contained in the preamble to this Ordinance are
hereby found to be true and correct.
2. Definitions. Throughout this Ordinance, the following terms and expressions as
used herein shall have the meanings set forth below:
r
The term 'Business Day" shall mean any day which is not a Saturday, Sunday, a legal
holiday,or a day on which the Registrar is authorized by law or executive order to close.
The term "Certificates" or "Series 2003 Certificates" shall mean the Certificates of
Obligation, Series 2003, authorized in this Ordinance, unless the context clearly indicates
otherwise.
The term "Certificates Insurance Policy" shall mean the municipal bond guaranty insurance
policy issued by the Insurer insuring the payment when due of the principal of and interest on the
Certificates as provided therein.
The term "City" shall mean The City of Beaumont, Texas.
The term "Code" shall mean the Internal Revenue Code of 1986, as amended.
The term "Comptroller" shall mean the Comptroller of Public Accounts of the State of
Texas.
The term "Construction Fund" shall mean the construction fund established by the City
pursuant to Section 20 of this Ordinance.
The term 'DTC" shall mean The Depository Trust Company of New York, New York, or
any successor securities depository.
The term 'DTC Participant" shall mean brokers and dealers, banks, trust companies,
clearing corporations, and certain other organizations on whose behalf DTC was created to hold
securities to facilitate the clearance and settlement of securities transactions among the DTC
Participants.
The term "Insurer" shall mean , the issuer of the Certificates
Insurance Policy.
The term "Interest and Sinking Fund" shall mean the interest and sinking fund established
by the City pursuant to Section 20 of this Ordinance.
The term "Interest Payment Date",when used in connection with any Certificate, shall mean
March 1, 2004, and each March I and September 1 thereafter until maturity or earlier redemption.
The term "Net Revenues" shall mean the revenues of the System remaining after deduction
of the reasonable and necessary expenses of operation and maintenance of the System.
The term "Ordinance" as used herein and in the Certificates shall mean this Ordinance
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authorizing the Certificates.
The term "Owner" or "Registered Owner", when used with respect to any Certificate, shall
mean the person or entity in whose name such Certificate is registered in the Register.
The term "Paying Agent" shall mean the Registrar.
The term "Record Date" shall mean, for any Interest Payment Date, the 15th day of the
month next preceding such Interest Payment Date.
The term "Register" shall mean the books of registration kept by the Registrar in which are
maintained the names and addresses of and the principal amounts registered to each Owner.
The term"Registrar" shall mean WELLS FARGO BANK TEXAS, N.A., Houston, Texas,
and its successors in that capacity.
The term "SEC" shall mean the United States Securities and Exchange Commission and its
successors.
The term "System" shall mean the City's waterworks and sewer system.
The term "Underwriters" shall mean
3. Authorization. The Certificates shall be issued in fully registered form,without coupons,
in the total authorized aggregate amount of Nine Million Dollars ($9,000,000), for the purpose of
evidencing the indebtedness of the City for the cost of construction of authorized street and
drainage improvements, building repairs and improvements, public park facilities and
improvements and the cost of issuance of such certificates of obligation.
4. Designation, Date, and Interest Payment Dates. The Certificates shall be designated
as the "THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
2003", and shall be dated March 1, 2003. The Certificates shall bear interest from the later of
March 1, 2003, or the most recent Interest Payment Date to which interest has been paid or duly
provided for, calculated on the basis of a 360-day year of twelve 30-day months, which interest
shall be payable on March 1, 2004, and semiannually thereafter on March 1 and September 1 of
each year until maturity or earlier redemption.
5. Certificates Numbers and Denominations. The Certificates shall be issued bearing
the numbers, in the principal amounts, and bearing interest at the rates set forth in the following
schedule, and may be transferred and exchanged as set out in this Ordinance. The Certificates shall
mature, subject to prior redemption in accordance with this Ordinance, on March 1 in each of the
years and in the amounts set out in such schedule. Certificates delivered upon transfer of or in
exchange for other Certificates shall be numbered in order of their authentication by the Registrar,
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shall be in the denomination of$5,000 or integral multiples thereof, and shall mature on the same
date and bear interest at the same rate as the Certificate or Certificates in lieu of which they are
delivered.
Certificate Year Principal Interest
Number of Maturi ty Amount Rate
CR-1 2006 $ 520,000 %
CR-2 2007 $ 545,000 %
CR-3 2008 $ 570,000 %
CR-4 2009 $ 595,000 %
CR-5 2010 $ 625,000 %
CR-6 2011 $ 655,000 %
CR-7 2012 $ 685,000 %
CR-8 2013 $ 715,000 %
CR-9 2014 $ 745,000 %
CR-10 2015 $ 780,000 %
CR-11 2016 $ 815,000 %
CR-12 2017 $ 855,000 %
CR-13 2018 $ 895,000 %
6. Execution of Certificates; Seal. The Certificates shall be signed by the Mayor of the
City and countersigned by the City Clerk of the City, by their manual, lithographed, or facsimile
signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such
facsimile signatures on the Certificates shall have the same effect as if each of the Certificates had
been signed manually and in person by each of said officers, and such facsimile seal on the
Certificates shall have the same effect as if the official seal of the City had been manually
impressed upon each of the Certificates. If any officer of the City whose manual or facsimile
signature shall appear on the Certificates shall cease to be such officer before the authentication of
such Certificates or before the delivery of such Certificates, such manual or facsimile signature
shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such
office.
7. Approval by Attorney General; Registration by Comptroller. The Certificates to be
initially issued shall be delivered to the Attorney General of the State of Texas for approval and
shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually
executed registration certificate of the Comptroller of Public Accounts substantially in the form
provided in Section 17 of this Ordinance shall be attached or affixed to the initial Certificates.
8. Authentication. Except for the Certificates to be initially issued, which need not be
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authenticated by the Registrar, only Certificates which bear thereon a certificate of authentication,
substantially in the form provided in Section 17 of this Ordinance, manually executed by an
authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall
be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be
conclusive evidence that the Certificates so authenticated were delivered by the Registrar
hereunder.
9. Payment of Principal and Interest. The Registrar is hereby appointed as the paying
agent for the Certificates. The principal of the Certificates shall be payable, without exchange or
collection charges, in any coin or currency of the United States of America which, on the date of
payment, is legal tender for the payment of debts due the United States of America, upon their
presentation and surrender as they become due and payable, at the designated corporate trust office
of the Registrar. The interest on each Certificate shall be payable by check payable on the Interest
Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of
record as of the Record Date, to the address of such Owner as shown on the Register. At the
request of the registered Owner of $1,000,000 or more in aggregate principal amount of
Certificates, the Registrar shall pay interest thereon by wire transfer in immediately available funds
to the account designated by such Owner to the Registrar in writing at least five (5) days before the
Record Date for such payment.
If the date for payment of the principal of or interest on any Certificate is not a Business
Day, then the date for such payment shall be the next succeeding Business Day, and payment on
such date shall have the same force and effect as if made on the original date payment was due.
10. Successor Registrars. The City covenants that at all times while any Certificates are
outstanding it will provide a bank, trust company, financial institution or other entity duly qualified
and duly authorized to act as Registrar for the Certificates. The City reserves the right to change the
Registrar on not less than sixty(60) days'written notice to the Registrar, so long as any such notice
is effective not less than sixty (60) days prior to the next succeeding principal or interest payment
date on the Certificates. Promptly upon the appointment of any successor Registrar, the previous
Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar
shall notify each Owner, by United States mail, first class postage prepaid, of such change and of
the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be
deemed to have agreed to the provisions of this Section.
11. Special Record Date. If interest on any Certificate is not paid on any Interest
Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a
new record date for the payment of such interest, to be known as a Special Record Date. The
Registrar shall establish a Special Record Date when funds to make such interest payment are
received from or on behalf of the City. Such Special Record Date shall be fifteen(15) days prior to
the date fixed for payment of such past due interest, and notice of the date of payment and the
Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than
five (5) business days prior to the Special Record Date, to each affected Owner of record as of the
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close of business on the day prior to the mailing of such notice.
12. Ownership; Unclaimed Principal and Interest. The City, the Registrar and any other
person may treat the person in whose name any Certificate is registered as the absolute Owner of
such Certificate for the purpose of making payment of principal or interest on such Certificate, and
for all other purposes, whether or not such Certificate is overdue, and neither the City nor the
Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the
person deemed to be the Owner of any Certificate in accordance with this Section 12 shall be valid
and effectual and shall discharge the liability of the City and the Registrar upon such Certificate to
the extent of the sums paid.
Amounts held by the Registrar which represent principal of and interest on the Certificates
remaining unclaimed by the Owner after the expiration of three (3) years from the date such
amounts have become due and payable shall be reported and disposed of by the Registrar in
accordance with the provisions of Texas law,including to the extent applicable, Title 6 of the Texas
Property Code, as amended.
13. Registration Transfer, and Exchange; Special Election for Uncertificated
Certificates. So long as any Certificates remain outstanding,the Registrar shall keep the Register at
its principal corporate trust office and, subject to such reasonable regulations as it may prescribe,
the Registrar shall provide for the registration and transfer of Certificates in accordance with the
terms of this Ordinance.
Each Certificate shall be transferable only upon the presentation and surrender thereof at the
principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an
assignment duly executed by the registered Owner or his authorized representative in form
satisfactory to the Registrar. Upon due presentation of any Certificate for transfer, the Registrar
shall authenticate and deliver in exchange therefor, within three (3) Business Days after such
presentation, a new Certificate or Certificates, registered in the name of the transferee or
transferees, in authorized denominations and of the same maturity and aggregate principal amount
and bearing interest at the same rate as the Certificate or Certificates so presented.
All Certificates shall be exchangeable upon presentation and surrender thereof at the
principal corporate trust office of the Registrar for a Certificate or Certificates of the same maturity
and interest rate in any authorized denomination, in an aggregate principal amount equal to the
unpaid principal amount of the Certificate or Certificates presented for exchange. The Registrar
shall be and is hereby authorized to authenticate and deliver exchange Certificates in accordance
with the provisions of this Section 13. Each Certificate delivered in accordance with this Section
13 shall be entitled to the benefits and security of this Ordinance to the same extent as the
Certificate or Certificates in lieu of which such Certificate is delivered.
The City or the Registrar may require the Owner of any Certificate to pay a sum sufficient
to cover any tax or other governmental charge that may be imposed in connection with the transfer
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or exchange of such Certificate. Any fee or charge of the Registrar for such transfer or exchange
shall be paid by the City.
Neither the City nor the Registrar shall be required to transfer or exchange any Certificate
called for redemption, in whole or in part, within forty-five (45) days of the date fixed for
redemption; provided, however, such limitation on transfer shall not be applicable to an exchange
by the Owner of the unredeemed balance of a Certificate called for redemption in part.
Notwithstanding any other provision hereof, upon initial issuance of the Certificates but at
the sole election of the Underwriters, the ownership of the Certificates shall be registered in the
name of Cede & Co., as nominee of DTC, and except as otherwise provided in this Section, all of
the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC.
The definitive Certificates shall be initially issued in the form of a single separate certificate for
each of the maturities thereof. If the Underwriters shall elect to invoke the provisions of this
Section,then the following provisions shall take effect with respect to the Certificates.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the
City and the Registrar shall have no responsibility or obligation to any DTC Participant or to any
person on behalf of whom such a DTC Participant holds an interest in the Certificates. Without
limiting the immediately preceding sentence, the City and the Registrar shall have no responsibility
or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC
Participant or any other person, other than an Owner of a Certificate, as shown on the Register, of
any notice with respect to the Certificates, including any notice of redemption, or (iii) the payment
to any DTC Participant or any other person, other than an Owner of a Certificate, as shown in the
Register, of any amount with respect to principal of,premium, if any, or interest on the Certificates.
Notwithstanding any other provision of this Ordinance to the contrary, the City and the Registrar
shall be entitled to treat and consider the person in whose name each Certificate is registered in the
Register as the absolute Owner of such Certificate for the purpose of payment of principal of,
premium, if any, and interest on the Certificates, for the purpose of all matters with respect to such
Certificates, for the purpose of registering transfers with respect to such Certificates, and for all
other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and interest
on the Certificates only to or upon the order of the respective Owners, as shown in the Register as
provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such
payments shall be valid and effective to fully satisfy and discharge the City's obligations with
respect to payment of principal of, premium, if any, and interest on the Certificates to the extent of
the sum or sums so paid. No person other than an Owner as shown in the Register, shall receive a
certificate for a Certificate evidencing the obligation of the City to make payments of amounts due
pursuant to this Ordinance. Upon delivery by DTC to the Registrar of written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co., the word "Cede &
Co." in this Ordinance shall refer to such new nominee of DTC.
In the event that the City or the Registrar determines that DTC is incapable of discharging
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its responsibilities described herein and in the Letter of Representation and that it is in the best
interest of the beneficial Owners of the Certificates that they be able to obtain certificated
Certificates, or if DTC Participants owning at least 50% of the Certificates outstanding based on
current records of the DTC determine that continuation of the system of book-entry transfers
through the DTC (or a successor securities depository) is not in the best interest of such beneficial
Owners of the Certificates, or in the event DTC discontinues the services described herein, the City
or the Registrar shall (i) appoint a successor securities depository, qualified to act as such under
Section 17(a) of the Securities and Exchange Act of 1934, as amended, and notify DTC of the
appointment of such successor securities depository and transfer one or more separate Certificates
to such successor securities depository or (ii) notify DTC of the availability through DTC of
Certificates and transfer one or more separate Certificates to DTC Participants having Certificates
credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being
registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in
the name of the successor securities depository, or its nominee, or in whatever name or names
Owners transferring or exchanging Certificates shall designate, in accordance with the provisions of
this Ordinance.
Notwithstanding any other provision of this Ordinance to the contrary, so long as any
Certificates are registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to principal of,premium, if any, and interest on the Certificates, and all notices with respect
thereto, shall be made and given in the manner provided in the Letter of Representation.
14. Mutilated Lost or Stolen Certificates. Upon the presentation and surrender to the
Registrar of a mutilated Certificate, the Registrar shall authenticate and deliver in exchange therefor
a replacement Certificate of like maturity, interest rate and principal amount, bearing a number not
contemporaneously outstanding. If any Certificate is lost, apparently destroyed, or wrongfully
taken,the City,pursuant to the applicable laws of the State of Texas and in the absence of notice or
knowledge that such Certificate has been acquired by a bona fide purchaser, shall execute and the
Registrar shall authenticate and deliver a replacement Certificate of like amount, bearing a number
not contemporaneously outstanding.
The City or the Registrar may require the Owner of a mutilated Certificate to pay a sum
sufficient to cover any tax or other governmental charge that may be imposed in connection
therewith and any other associated expenses, including the fees and expenses of the Registrar.
The City or the Registrar may require the Owner of a lost, apparently destroyed or
wrongfully taken Certificate,before any replacement Certificate is issued,to:
(1) furnish to the City and the Registrar satisfactory evidence of the ownership
of and the circumstances of the loss, destruction or theft of such Certificate;
(2) furnish such security or indemnity as may be required by the Registrar and
the City to save them harmless;
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(3) pay all expenses and charges in connection therewith, including, but not
limited to,printing costs, legal fees, fees of the Registrar and any tax or other governmental
charge that may be imposed; and
(4) meet any other reasonable requirements of the City and the Registrar.
If, after the delivery of such replacement Certificate, a bona fide purchaser of the original
Certificate in lieu of which such replacement Certificate was issued presents for payment such
original Certificate, the City and the Registrar shall be entitled to recover such replacement
Certificate from the person to whom it was delivered or any person taking therefrom, except a bona
fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to
the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection
therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become
or is about to become due and payable, the City in its discretion may, instead of issuing a
replacement Certificate, authorize the Registrar to pay such Certificate.
Each replacement Certificate delivered in accordance with this Section 14 shall be entitled
to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in
lieu of which such replacement Certificate is delivered.
15. Cancellation of Certificates. All Certificates paid in accordance with this
Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates
are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the
making of proper records regarding such payment. The Registrar shall furnish the City with
appropriate certificates of destruction of such Certificates.
16. Optional Redemption. The City reserves the right, at its option, to redeem
Certificates having stated maturities on and after March 1, 2014, in whole or in part, on March 1,
2013, or any date thereafter, at a price of par plus accrued interest to the date fixed for redemption.
If less than all of the Certificates are to be redeemed, the City shall determine the Certificates, or
portions thereof,to be redeemed.
Certificates may be redeemed only in integral multiples of$5,000. If a Certificate subject to
redemption is in a denomination larger that $5,000, a portion of such Certificate may be redeemed,
but only in integral multiples of$5,000. Upon surrender of any Certificate for redemption in part,
the Registrar, in accordance with Section 13 hereof, shall authenticate and deliver in exchange
therefor a Certificate or Certificates of like maturity and interest rate in an aggregate principal
amount equal to the unredeemed portion of the Certificate so surrendered.
Not less than thirty (30) days prior to a redemption date for the Certificates, the City shall
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cause a notice of redemption to be sent by United States mail, first class, postage prepaid, to each
Owner of each Certificate to be redeemed in whole or in part, at the address of the Owner appearing
on the Register at the close of business on the Business Day next preceding the date of the mailing
of such notice. Such notice shall state the redemption date, the redemption price,the place at which
Certificates are to be surrendered for payment and, if less than all the Certificates are to be
redeemed, the numbers of the Certificates or portions thereof to be redeemed. Any notice of
redemption so mailed shall be conclusively presumed to have been duly given whether or not the
Owner receives such notice. By the date fixed for redemption, due provision shall be made with the
Registrar for payment of the redemption price of the Certificates or portions thereof to be redeemed.
When Certificates have been called for redemption in whole or in part and due provision made to
redeem the same as herein provided, the Certificates or portions thereof so redeemed shall no
longer be regarded as outstanding except for the purpose of being paid solely from the funds so
provided for redemption, and the rights of the Owners to collect interest which would otherwise
accrue after the redemption date on any Certificate or portion thereof called for redemption shall
terminate on the date fixed for redemption.
17. Forms. The form of the Certificates, including the form of the Registrar's
Authentication Certificate, the form of Assignment, and the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas which shall be attached or affixed to the
Certificates initially issued shall be, respectively, substantially as follows, with such additions,
deletions and variations as may be necessary or desirable and not prohibited by this Ordinance:
(Face of Certificate)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF JEFFERSON
NUMBER DENOMINATION
CR- $
REGISTERED REGISTERED
THE CITY OF BEAUMONT, TEXAS
CERTIFICATE OF OBLIGATION
SERIES 2003
INTEREST RATE: MATURITY DATE: DATED DATE: CUSIP:
March 1,2003
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
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THE CITY OF BEAUMONT, TEXAS (the "City"),promises to pay to the registered owner
identified above, or registered assigns, on the date specified above, upon presentation and surrender
of this certificate at the designated corporate trust office of WELLS FARGO BANK TEXAS,N.A.,
Houston, Texas (the "Registrar"), or at its principal payment office in Dallas, Texas, the principal
amount identified above,payable in any coin or currency of the United States of America which on
the date of payment of such principal is legal tender for the payment of debts due the United States
of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360-day
year of twelve 30-day months, from the later of the Dated Date specified above, or the most recent
interest payment date to which interest has been paid or duly provided for. Interest on this
Certificate is payable by check on March 1,2004, and semiannually thereafter on each March 1 and
September 1, mailed to the registered owner as shown on the books of registration kept by the
Registrar as of the 15th day of the month next preceding each interest payment date. At the request
of the registered owner of$1,000,000 or more in aggregate principal amount of Certificates, the
Registrar shall pay interest on such Certificates by wire transfer in immediately available funds to
the account designated by such owner to the Registrar in writing at least five (5) days before the
Record Date for such payment.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
CERTIFICATE SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE.
IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile
signature of the Mayor of the City and countersigned with the manual or facsimile signature of the
City Clerk of the City and the official seal of the City has been duly impressed, or placed in
facsimile, on this Certificate.
(AUTHENTICATION CERTIFICATE) THE CITY OF BEAUMONT,
TEXAS
Mayor
(SEAL)
City Clerk
(Back Panel of Certificate)
THIS CERTIFICATE is one of a duly authorized issue of Certificates of Obligation,
aggregating$9,000,000 (the "Certificates"), issued in accordance with the Constitution and the laws
of the State of Texas,particularly Chapter 271, Texas Local Government Code, as amended, for the
cost of construction of authorized street and drainage improvements, building repairs and
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improvements, public park facilities and improvements and the cost of issuance of the Certificates,
pursuant to an ordinance duly adopted by the City Council of the City (the "Ordinance"), which
Ordinance is of record in the official minutes of the City Council.
THE CITY RESERVES THE RIGHT, at its option,to redeem the Certificates having stated
maturities on or after March 1, 2014, in whole or in part, on March 1, 2013, or any date thereafter,
in integral multiples of $5,000, at a price of par plus accrued interest to the date fixed for
redemption. Reference is made to the Ordinance for complete details concerning the manner of
redeeming the Certificates.
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior the date
fixed for redemption by first class mail, addressed to the registered owner of each Certificate to be
redeemed in whole or in part at the address shown on the books of registration kept by the
Registrar. When Certificates or portions thereof have been called for redemption and due provision
has been made to redeem the same, the principal amounts so redeemed shall be payable solely from
the funds provided for redemption and interest which would otherwise accrue on the amounts
called for redemption shall terminate on the date fixed for redemption.
THIS CERTIFICATE is transferable only upon presentation and surrender at the principal
corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment
duly executed by the registered owner or his authorized representative, subject to the terms and
conditions of the Ordinance.
THE CERTIFICATES are exchangeable at the principal corporate trust office of the
Registrar for Certificates in the principal amount of$5,000 or any integral multiple thereof, subject
to the terms and conditions of this Ordinance.
NEITHER THE CITY NOR THE REGISTRAR shall be required to transfer or exchange
any Certificate called for redemption, in whole or in part, within forty-five (45) days of the date
fixed for redemption; provided, however, such limitation on transfer shall not be applicable to an
exchange by the Owner of the unredeemed balance of a Certificate called for redemption in part.
THIS CERTIFICATE shall not be valid or obligatory for any purpose or be entitled to any
benefit under the Ordinance unless this Certificate either (i) is registered by the Comptroller of
Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii)
authenticated by the Registrar by due execution of the authentication certificate endorsed hereon.
THE REGISTERED OWNER of this Certificate, by acceptance hereof, acknowledges and
agrees to be bound by all the terms and conditions of the Ordinance.
THE CITY has covenanted in the Ordinance that it will at all times provide a legally
qualified registrar for the Certificates and will cause notice of any change of registrar to be mailed
to each registered owner.
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IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly issued and delivered; that all acts, conditions and things required or proper to be performed,
to exist and to be done precedent to or in the issuance and delivery of this Certificate have been
performed, exist and have been done in accordance with law; and that annual ad valorem taxes
sufficient to provide for the payment of the interest on and principal of this Certificate, as such
interest comes due and such principal matures, have been levied, within the limits prescribed by
law, against all taxable property in the City, and have been pledged irrevocably for such payment.
IT IS FURTHER certified, recited and represented that the net revenues (the "Net
Revenues ) to be derived from the operation of the City's waterworks and sewer system (the
"System"), but only to the extent of and in an amount not to exceed Ten Thousand Dollars
($10,000.00) in the aggregate, are also pledged to the payment of the principal of and interest on
this Certificate and the series of Certificates of which it is a part to the extent that taxes may ever be
insufficient or unavailable for said purpose, all as set forth in the Ordinance to which reference is
made for all particulars; provided, how-ever, that such pledge of Net Revenues is and shall be
junior and subordinate in all respects to the pledge of such Net Revenues to the payment of any
obligation of the City, whether authorized heretofore or hereafter, which the City designates as
having a pledge senior to the pledge of such Net Revenues to the payment of this Certificate and
that series of Certificates of which it is a part, and the City also reserves the right to issue, for any
lawful purpose at any time, in one or more installments, bonds, certificates of obligation and other
obligations of any kind payable in whole or in part from the Net Revenues of the System, secured
by a pledge of the Net Revenues of the System that may be prior and superior in right to, on a parity
with, or junior and subordinate to the pledge of Net Revenues securing this Certificate and the
series of Certificates of which it is a part.
Form of Registration Certificate
of Comptroller of Public Accounts
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this certificate has been examined, certified as to validity, and approved
by the Attorney General of the State of Texas, and that this certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL this day of ,2003.
xxxxxxxxx
Comptroller of Public Accounts
(Seal) of the State of Texas
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Form of Registrar's Authentication Certificate
AUTHENTICATION CERTIFICATE
It is hereby certified that this
Certificate has been delivered
pursuant to the Ordinance described
in the text of this Certificate.
Wells Fargo Bank Texas,N.A.
Houston,Texas
By:
Authorized Signature
Date of Authentication
Form of Assignment
ASSIGNMENT
For value received,the undersigned hereby sells, assigns, and transfers unto
(Please print or type name,address,and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer said certificate on the books kept for registration thereof, with full power of
substitution in the premises.
DATED:
Signature Guaranteed:
NOTICE: The signature
above must correspond to
the name of the registered
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' f
NOTICE: Signature must be owner as shown on the face
guaranteed by a member firm of this Certificate in
of the New York Stock Exchange every particular,without
or a commercial bank or trust any alteration, enlargement
company. or change whatsoever.
18. Form of Statement of Insurance. The following statement of insurance shall be
printed on the back of or attached to each of the Certificates:
STATEMENT OF INSURANCE
19. Legal Opinion; Cusip Numbers. The approving opinion of Orgain, Bell & Tucker,
L.L.P., Beaumont, Texas, Bond Counsel, and CUSIP Numbers may be printed on the Certificates,
but errors or omissions in the printing of such opinion or such numbers shall have no effect on the
validity of the Certificates.
20. Interest and Sinking Fund; Tax Lew' Pledge of Revenues; Construction Fund. The
proceeds from all taxes levied, assessed and collected for and on account of the Certificates
authorized by this Ordinance are hereby irrevocably pledged and shall be deposited, as collected, in
a special fund to be designated "City of Beaumont, Texas, Certificates of Obligation, Series 2003,
Interest and Sinking Fund". While the Certificates or any part of the principal thereof or interest
thereon remain outstanding and unpaid, there is hereby levied and there shall be annually levied,
assessed and collected in due time, form and manner within the limits prescribed by law, and at the
same time other City taxes are levied, assessed and collected, in each year, beginning with the
current year, a continuing direct annual ad valorem tax upon all taxable property in the City
sufficient to pay the current interest on the Certificates as the same becomes due, and to provide and
maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures
but in each year never less than 2% of the original principal amount of the Certificates, full
allowance being made for delinquencies and costs of collection, and said taxes when collected shall
be applied to the payment of the interest on and principal of the Certificates and to no other
purpose.
The Net Revenues of the System, but only to the extent of and in an amount not to exceed
$10,000 in the aggregate, are hereby irrevocably pledged to the payment of the principal of and
interest on the Certificates as the same come due, to the extent that the taxes described in this
Section of the Ordinance may ever be insufficient or unavailable for said purpose; provided,
however, that such pledge of Net Revenues is and shall be junior and subordinate in all respects to
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the pledge of the Net Revenues to the payment of any obligation of the City, whether authorized
heretofore or hereafter, which the City designates as having a pledge senior to the pledge of such
Net Revenues to the payment of the Certificates; and the City also reserves the right to issue, for
any lawful purpose at any time, in one or more installments, bonds, certificates of obligation and
other obligations of any kind payable in whole or in part from the Net Revenues of the System that
may be prior and superior in right to, on a parity with, or junior and subordinate to the pledge of Net
Revenues securing this series of Certificates.
There is hereby created and there shall be established on the books of the City a separate
account to be entitled the "City of Beaumont, Texas, Certificates of Obligation, Series 2003,
Construction Fund". Immediately after the sale and delivery of the Certificates, that portion of the
proceeds of the Certificates to be used for the cost of construction of authorized street
improvements and the cost of issuance of the Certificates shall be deposited into the Construction
Fund and disbursed for such purposes. Pending completion of construction of such projects, interest
earned on such proceeds may be used, at the City's discretion, for such projects and shall be
accounted for, maintained, deposited and expended as permitted by the provisions of Section
1201.043, Texas Government Code Annotated, as from time to time in effect, or as otherwise
required by applicable law. Thereafter, such interest shall be deposited in the Interest and Sinking
Fund. Upon completion of such street improvements, the monies, if any, remaining in the
Construction Fund shall be transferred and deposited by the City into the Interest and Sinking Fund.
21. Further Proceedings. After the Certificates shall have been executed, it shall be the
duty of the Mayor of the City to deliver the Certificates to be initially issued and all pertinent
records and proceedings to the Attorney General of the State of Texas for examination and
approval. After the Certificates to be initially issued shall have been approved by the Attorney
General of the State of Texas, the Certificates shall be delivered to the Comptroller of Public
Accounts of the State of Texas for registration. Upon registration of the Certificates to be initially
issued,the Comptroller of Public Accounts(or a deputy lawfully designated in writing to act for the
Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be
affixed or attached to the Certificates to be initially issued, and the seal of the Comptroller shall be
impressed, or placed in facsimile, thereon. In addition, the Mayor, the City Clerk and other
appropriate officials of the City are hereby authorized and directed to do any and all things
necessary or convenient to carry out the purposes of this Ordinance.
22. Sale of Certificates. The Certificates are hereby sold and shall be delivered to the
Underwriters at the price of$9,000,000.00, representing the principal amount of Certificates. The
purchase price of the Certificates will also include accrued interest to the date of delivery. The City
finds that the bid of the Underwriters for the purchase of the Certificates and which bid has been
accepted by the City was the best bid and the purchase price and terms are hereby found and
determined to be the most advantageous reasonably obtainable by the City. The Mayor and other
appropriate officials of the City are hereby authorized and directed to do any and all things
necessary or desire able to satisfy the conditions set out herein and to provide for the issuance and
delivery of the Certificates. All officials and representatives of the City are authorized and directed
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to execute such documents and to do any and all things necessary, desirable or appropriate to obtain
the Certificate Insurance Policy, and the printing on the Certificates covered by the Certificate
Insurance Policy of an appropriate legend regarding such insurance is hereby approved and
authorized.
23. Tax Exemption. (a) The City intends that the interest on the Certificates shall be
excludable from gross income for purposes of federal income taxation pursuant to Sections 103 and
141 through 150 of the Code, and applicable regulations. The City covenants and agrees not to take
any action, or knowingly omit to take any action within its control, that if taken or omitted,
respectively, would cause the interest on the Certificates to be includable in gross income, as
defined in Section 61 of the Code, of the holders thereof for purposes of federal income taxation. In
particular, the City covenants and agrees to comply with each requirement of this Section 23;
provided, however, that the City shall not be required to comply with any particular requirement of
this Section 23 if the City has received an opinion of nationally recognized bond counsel (a
"Counsel's Opinion") that such noncompliance will not adversely affect the exclusion from gross
income for federal income tax purposes of interest on the Certificates or if the City has received a
Counsel's Opinion to the effect that compliance with some other requirement set forth in this
Section 23 will satisfy the applicable requirements of the Code, in which case compliance with such
other requirement specified in such Counsel's Opinion shall constitute compliance with the
corresponding requirement specified in this Section 23.
(b) The City covenants and agrees that its use of Net Proceeds of the Certificates will at
all times satisfy the following requirements:
(i) The City will use all of the Net Proceeds of the Certificates for the cost of
construction of authorized street and drainage improvements, building repairs and
improvements, public park facilities and improvements and the cost of issuance of the
Certificates. The City has limited and will limit with respect to the Certificates the amount
of original or investment proceeds thereof to be used (other than use as a member of the
general public) in the trade or business of any person other than a governmental unit to an
amount aggregating no more than 10% of the Net Proceeds of the Certificates ("private-use
proceeds"). For purposes of this Section, the term "person" includes any individual,
corporation, partnership, unincorporated association, or any other entity capable of carrying
on a trade or business; and the term "trade or business" means, with respect to any natural
person, any activity regularly carried on for profit and, with respect to persons other than
natural persons, any activity other than an activity carried on by a governmental unit. Any
use of proceeds of the Certificates in any manner contrary to the guidelines set forth in
Revenue Procedure 93-19, including any revisions or amendments thereto, shall constitute
the use of such proceeds in the trade or business of one who is not a governmental unit;
(ii) The City has not permitted and will not permit more than 5% of the Net
Proceeds of the Certificates to be used in the trade or business of any person other than a
governmental unit if such use is unrelated to the governmental purpose of the Certificates.
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Further, the amount of private-use proceeds of the Certificates in excess of 5% of the Net
Proceeds thereof("excess private-use proceeds")did not and will not exceed the proceeds of
the Certificates expended for the governmental purpose of the Certificates to which such
excess private-use proceeds relate;
(iii) Principal of and interest on the Certificates shall be paid solely from ad
valorem tax receipts collected by the City and from the Net Revenues of the System to the
extent pledged hereunder. Further, no person using more than 10% of the Net Proceeds of
the Certificates in a trade or business, other than a governmental unit, has made or shall
make payments (other than as a member of the general public), directly or indirectly,
accounting for more than 10%of such receipts;
(iv) The City has not permitted and will not permit with respect to the
Certificates an amount of proceeds thereof exceeding the lesser of(a) $5,000,000 or(b) 5%
of the Net Proceeds of the Certificates to be used, directly or indirectly, to finance loans to
persons other than a governmental unit; and
(v) The City will use $100,000 of the Net Proceeds of the Certificates to pay the
costs of issuance of the Certificates.
When used in this Section 23, the term "Net Proceeds" of the Certificates shall mean the proceeds
from the sale thereof to the Underwriters, including investment earnings on such proceeds, less
accrued interest with respect to such issue.
(c) The City covenants and agrees not to take any action, or knowingly omit to take any
action within its control, that, if taken or omitted, respectively, would cause the Certificates to be
"federally guaranteed"within the meaning of Section 149(b) of the Code and applicable regulations
thereunder, except as permitted by Section 149(b)(3) of the Code and such regulations.
(d) The City shall certify, through an authorized officer, employee or agent, that based
upon all facts and estimates known or reasonably expected to be in existence on the date the
Certificates are delivered, the City will reasonably expect that the proceeds of the Certificates will
not be used in a manner that would cause the Certificates to be "arbitrage bonds" within the
meaning of Section 148(a) of the Code and applicable regulations thereunder. Moreover, the City
covenants and agrees that it will make such use of the proceeds of the Certificates, including
interest or other investment income derived from the proceeds of the Certificates, regulate
investments of such proceeds and amounts, and take such other and further action as may be
required so that the Certificates will not be "arbitrage bonds" within the meaning of Section 148(a)
of the Code and applicable regulations thereunder.
(e) The City will take all necessary steps to comply with the requirement that certain
amounts earned by the City on the investment of the "gross proceeds" of the Certificates (within the
meaning of Section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically,
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the City will (i) maintain records regarding the investment of the gross proceeds of the Certificates
as may be required to calculate the amount earned on the investment of the gross proceeds of the
Certificates separately from records of amounts on deposit in the funds and accounts of the City
allocable to other bond issues of the City or moneys which do not represent gross proceeds of any
bonds of the City, (ii) calculate at such times as are required by applicable regulations, the amount
earned from the investment of the gross proceeds of the Certificates which is required to be rebated
to the federal government, and (iii) pay, not less often than every 5th anniversary date of the
delivery of the Certificates, and within sixty (60) days after retirement of the Certificates, all
amounts required to be rebated to the federal government. Further, the City will not indirectly pay
any amount otherwise payable to the federal government pursuant to the foregoing requirements to
any person other than the federal government by entering into any investment arrangement with
respect to the gross proceeds of the Certificates that might result in a reduction in the amount
required to be paid to the federal government because such arrangement results in a smaller profit
or larger loss than would have resulted if the arrangement had been at arm's length and had the yield
on the issue not been relevant to either party.
(f) The City covenants and agrees to file or cause to be filed with the Secretary of the
Treasury, not later than the 15th day of the second calendar month after the close of the calendar
quarter in which the Certificates are issued, an information statement concerning the Certificates,
all under and in accordance with Section 149(e)of the Code and applicable regulations thereunder.
(g) Qualified Tax-Exempt Obligation_ s. The City hereby designates the Certificates as
qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code. The Certificates
issued are not "private activity bonds" as defined by Section 141 of the Code. After the Certificates
are issued, the City and any governmental entities controlled by it will not have designated more
than $10,000,000.00 of obligations issued during calendar year 2003 as qualified tax-exempt
obligations and the City and any governmental entities controlled by it reasonably anticipate that the
total amount of tax-exempt obligations to be issued by the City during calendar year 2003 will not
exceed$10,000,000.00.
Section 24. Application of Proceeds. Proceeds from the sale of the Certificates shall,
promptly upon receipt by the City,be applied as follows:
(a) Accrued interest shall be deposited into the Series 2003 Certificates of Obligation
Interest and Sinking Fund; and
(b) The remaining proceeds from the sale of the Certificates, together with investment
earnings thereof, shall be deposited into the Series 2003 Certificates of Obligation
Construction Fund and shall be used for the purposes set out in Section 3 of this
Ordinance, with any remainder constituting a reserve to be deposited into the Series
2003 Certificates of Obligation Interest and Sinking Fund.
25. Open Meeting. The meeting at which this Ordinance was adopted was open to the
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public, and public notice of the time, place and purpose of said meeting, was given, all as required
by Chapter 551 of the Texas Government Code Annotated, Vernon's 1994, as amended, and such
notice as given is hereby authorized, approved, adopted and ratified.
26. Registrar. The form of agreement setting forth the duties of the Registrar is hereby
approved, and the appropriate officials of the City are hereby authorized to execute such agreement
for and on behalf of the City.
27. Official Statement. The Official Notice of Sale, the Preliminary Official Statement
and the Official Statement prepared in the initial offering and sale of the Certificates have been and
are hereby authorized, approved and ratified as to form and content. The use of the Preliminary
Official Statement and the Official Statement in the reoffering of the Certificates by the
Underwriters is hereby approved, authorized and ratified. The proper officials of the City are
hereby authorized to execute and deliver a certificate pertaining to the Preliminary Official
Statement and the Official Statement as prescribed therein, dated as of the date of payment for and
delivery of the Certificates.
28. Partial Invalidity. If any Section, paragraph, clause or provision of this Ordinance
shall for any reason be held to be invalid or unenforceable,the invalidity or unenforceability of such
Section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance.
29. Related Matters. To satisfy in a timely manner all of the City's obligations under
this Ordinance, the Mayor, the City Clerk, the City Treasurer, and all other appropriate officers and
agents of the City are hereby authorized and directed to take all other actions that are reasonably
necessary to provide for issuance of the Certificates, including, without limitation, executing and
delivering on behalf of the City all certificates, consents, receipts, requests and other documents as
may be reasonably necessary to satisfy the City's obligations under this Ordinance and to direct the
application of funds of the City consistent with the provisions hereof.
30. No Personal Liability. No recourse shall be had for payment of the principal of or
premium, if any, or interest on Certificate, or for any claim based thereon, or under this Ordinance,
against any official or employee of the City or any person executing any Certificate.
31. Additional Obligations. The City undertakes and agrees for the benefit of the
holders of the Certificates to provide directly, on or before six months after the end of the City's
fiscal year,which fiscal year presently ends on September 30,
a. to each nationally recognized municipal securities information repository and to the
appropriate state information depository, if any, annual financial information (which
may be unaudited) and operating data regarding the City for fiscal years ending on
or after January 1, 2003 which annual financial information and operating data shall
be of the type included in the following listed sections contained in the Final
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Official Statement:
SELECTED FINANCIAL INFORMATION
DEBT STATEMENT
TAX DATA
SELECTED FINANCIAL DATA
ADMINISTRATION OF THE CITY
Appendix`B"
b. to each nationally recognized municipal securities information repository and to the
appropriate state information depository, if any, audited financial statements for the
City for fiscal years ending on or after January 1, 2003, when available, if the City
commissions an audit and it is completed by the required time; provided that if
audited statements are not commissioned or are not available by the required time,
the City will provide unaudited statements when and if they become available.
C. in a timely manner, to each nationally recognized municipal securities information
repository or to the Municipal Securities Rulemaking Board, and to the appropriate
state information depository, if any, notice of any of the following events with
respect to the Certificates, if material within the meaning of the federal security laws
to a decision to purchase or sell Certificates:
i. Principal and interest payment delinquencies;
ii. Non-payment related defaults;
iii. Unscheduled draws on debt service reserves
reflecting financial difficulties;
iv. Unscheduled draws on credit enhancements
reflecting financial difficulties;
V. Substitution of credit or liquidity
providers, or their failure to perform;
vi. Adverse tax opinions or events affecting the
tax-exempt status of the Certificates;
vii. Modifications to rights of Certificate holders;
viii. Calls;
ix. Defeasances;
X. Release, substitution or sale of property
securing repayment of the Certificates; and
xi. Rating changes.
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d. in a timely manner, to each nationally recognized municipal securities information
repository or to the Municipal Securities Rulemaking Board, and to the appropriate
state information depository, if any, notice of a failure of the City to provide
required annual financial information and operating data, on or before six months
after the end of the City's fiscal year.
These undertakings and agreements are subject to appropriation of necessary funds and to
applicable legal restrictions, if any.
The accounting principles pursuant to which the City's financial statements are currently
prepared are generally accepted accounting principles set out by the Government Accounting
Standards Board, and, subject to changes in applicable law or regulations, such principles will be
applied in the future.
If the City changes its fiscal year, it will notify each nationally recognized municipal
securities information repository and the appropriate state information depository of the change
(and of the new fiscal year end) prior to the next date by which the City otherwise would be
required to provide annual financial information.
The City's obligation to update information and to provide notices of material events shall
be limited to the agreements herein. The City shall not be obligated to provide other information
that may be relevant or material to a complete presentation of its financial results of operations,
condition, or prospects and shall not be obligated to update any information that is provided, except
as described herein. The City makes no representation or warranty concerning such information or
concerning its usefulness to a decision to invest in or sell Certificates at any future date. THE CITY
DISCLAIMS ANY CONTRACTUAL OR TORT LIABILITY FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH, WHETHER NEGLIGENT OR WITHOUT
FAULT ON ITS PART, OF ITS CONTINUING DISCLOSURE AGREEMENT OR FROM ANY
STATEMENT MADE PURSUANT TO ITS AGREEMENT. HOLDERS OR BENEFICIAL
OWNERS OF CERTIFICATES MAY SEEK AS THEIR SOLE REMEDY A WRIT OF
MANDAMUS TO COMPEL THE CITY TO COMPLY WITH THIS AGREEMENT. No default
by the City with respect to its continuing disclosure agreement shall constitute a breach of or default
under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this
paragraph is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under
federal and state securities laws.
The City may amend its continuing disclosure obligations and agreement in this Section 32
to adapt to changed circumstances that arise from a change in legal requirements, a change in law,
or a change in the identity, nature, status or type of operations of the City, if the agreement, as
amended, would have permitted the Underwriter to purchase or sell the Certificates in compliance
with SEC Rule 15c2-12, taking into account any amendments or interpretations of such Rule to the
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date of such amendment, as well as such changed circumstances, and either the holders of a
majority in aggregate principal amount of the outstanding Certificates consent or any person
unaffiliated with the City(such as nationally recognized bond counsel) determines the amendment
will not materially impair the interests of the holders and beneficial owners of the Certificates. The
City may also amend or repeal the obligations and agreement in this Section 35 if the SEC amends
or repeals the applicable provisions of Rule 15c2-12 or a court of final jurisdiction determines that
such provisions are invalid, and the City may amend the agreement in its discretion in any other
circumstance or manner, but in either case only to the extent that its right to do so would not
prevent the Underwriters from lawfully purchasing or reselling the Certificates in the primary
offering of the Certificates in compliance with Rule 15c2-12. If the City amends its agreement, it
must include with the next financial information and operating data provided in accordance with its
agreement an explanation, in narrative form, of the reasons for the amendment and of the impact of
any change in the type of information and operating data so provided.
The City's continuing obligation to provide annual financial information and operating data
and notices of events will terminate if and when the City no longer remains an "obligated person"
(as such term is defined in SEC Rule 15C2-12)with respect to the Certificates.
32. Repealer. All orders, resolutions, and ordinances, and parts thereof inconsistent
herewith are hereby repealed to the extent of such inconsistency.
33. Effective Date. This Ordinance shall be in force and effect from and after its final
passage, and it is so ordered.
[The remainder of this page has intentionally been left blank].
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PASSED AND APPROVED this 18th day of March, 2003.
Mayor, The City of
Beaumont, Texas
ATTEST:
City Clerk,
The City of Beaumont, Texas
(SEAL)
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2
March 18,2003
Consider amending General Election Ordinance No. 03-007 Section 3, paragraph"j" changing the
compensation rate for precinct judges and clerks who will work in the General Election May 3,2003
and who will work, if necessary, in a Runoff Election May 17, 2003
of Beaumont
.
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Susan Henderson, City Clerk
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: March 13, 2003
REQUESTED ACTION: Council consider amending Ordinance No. 03-007 Section 3,
paragraph "j" changing compensation rate for precinct judges and
clerks who will work in the General Election May 3, 2003 and who
will work, if necessary, in a Runoff Election May 17, 2003 from
$6.00 per hour to $8.00 per hour
RECOMMENDATION
Administration recommends approval of a request to amend Ordinance No. 03-007, Section 3,
paragraph"j" changing the compensation rate for precinct judges and clerks who will work in the
General Election May 3, 2003 and who will work, if necessary, in a Runoff Election May 17, 2003
from$6.00 per hour to $8.00 per hour
BACKGROUND
It appeared by documents reviewed by the City Clerk the compensation rate for precinct judges and
clerks who worked for the General Election in May 2002 was $6.00 per hour. However, upon
further research the City Clerk confirmed the actual compensation rate for the precinct judges and
clerks who worked for the General Election in May 2002 was $8.00 per hour.
BUDGETARYIMPACT
Funding is available in the City Clerk's Election budget.
PREVIOUS ACTION
City Council approved Ordinance 03-007 on March 4, 2003.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Clerk
RECOMMENDED MOTION
Approve/Deny a request to amend Ordinance 03-007 Section 3, paragraph "j" changing the
compensation rate for precinct judges and clerks who will work in the General Election May 3,2003
and who will work, if necessary, in a possible Runoff Election May 17, 2003, from$6.00 per hour
to $8.00 per hour.
Page 2
3
March 18, 2003
Consider amending General Election Ordinance No. 03-007 to provide for a ballot proposition
authorizing the sale of a 0.97 acre portion of Combest Park and all of Hebert, Jacobs and
Oakland/Maple Parks on the May ballot
1 City of Beaumont
U72--do Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: March 12, 2003
REQUESTED ACTION: Council consider adoption of an ordinance amending General Election
Ordinance No. 03-007 to provide for a ballot proposition authorizing
the sale of a 0.97 acre portion of Combest Park and all of Hebert,
Jacobs and Oakland/Maple Parks on the May ballot.
RECOMMENDATION
Administration recommends adoption of an ordinance amending the City's General Election
Ordinance to provide a ballot proposition authorizing the sale of a 0.97 acre portion of Combest Park
and all of Hebert, Jacobs and Oakland/Maple Parks on the May ballot.
BACKGROUND
The Planning Division, with assistance from the Parks and Property Services Division, is in the
process of updating the Park,Recreation and Open Space Plan element of the Comprehensive Plan.
One section of the Park, Recreation and Open Space Plan includes a review of deficiencies in the
existing park facilities and open space areas. The existing conditions of the park system were
compared to standards to identify service area, location, site size and facility deficiencies. Based on
this information, seven(7)park properties were identified as having deficiencies in three(3)or more
of the categories. The parks with three(3)or more deficiencies were Combest,Pipkin,Hebert,Ida
Reed, Jacobs, Oakland/Maple and Weiss Parks. Also considered was the continued maintenance
costs associated with these parks. Upon further review, it was determined that only a portion of
Combest Park should be considered for sale and that Ida Reed, Pipkin and Weiss Parks should be
removed from the list.
State statutes prohibit the sale of park property by a municipality unless the issue of the sale is
submitted to the qualified voters at an election and is approved by a majority of the votes received.
State statutes also require the property to be conveyed through a competitive bid process. If approval
to convey the property is obtained from the voters,competitive bids will be received from the general
public and the property sold to the highest successful bidder. Also,all proceeds from the We of park
property must be spent on improving the existing park system.
The sale of the property was considered by the Parks and Recreation Advisory Committee at their
December 9,2002 meeting. Committee members present voted to recommend the sale ofHebert and
Oakland/Maple Parks and requested that input be received from the neighborhood associations before
voting on the other parks. The final neighborhood association meeting is scheduled for March 11,
2003. The information assimilated from the meetings will be discussed with the Advisory Committee
on March 17,2003. The Advisory Committee's vote on the sale of the remaining four(4)parks will
be provided to City Council during the March 18, 2003 City Council meeting.
BUDGETARYIMPACT
The potential proceeds from the We of the park property has not been determined.
PREVIOUS ACTION
During the February 18, 2003 City Council Work Session, staff discussed the sale of the park
properties with City Council.
SUBSEQUENT ACTION
If approved by the voters, City Council will be required to approve the sale of the property.
RECOMMENDED BY
City Manager,Parks and Recreation Advisory Committee,Public Works Director and Parks Manger.
RECOMMENDED MOTION
Approve/Deny adoption of an ordinance amending General Election Ordinance No. 03-007 to
provide a ballot proposition authorizing the sale of a 0.97 acre portion of Combest Park and all of
Hebert, Jacobs and Oakland/Maple Parks.
SaleotParkPmper iesskwpd
March 12,2003
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE 03-007,THE
GENERAL ELECTION ORDINANCE OF THE CITY OF BEAUMONT
TO ADD FOUR PROPOSITIONS ON THE BALLOT AUTHORIZING
THE SALE OF PARK PROPERTY, SPECIFICALLY .97 ACRES OF
COMBEST PARK AND ALL OF HEBERT PARK, JACOBS PARK
AND OAKLAND/MAPLE PARK; AND AMENDING SECTION 3,
PARAGRAPH "J" CHANGING COMPENSATION RATE FOR
PRECINCT JUDGES AND CLERKS WHO CONDUCT EARLY
VOTING AND WILL WORK IN THE GENERAL ELECTION MAY 3,
2003 AND WHO WILL WORK, IF NECESSARY, IN A RUNOFF
ELECTION MAY 17, 2003; PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT Section 1 of Ordinance 03-007 be and the same is hereby amended to read as
follows:
Section 1.
In accordance with the City Charter, the Constitution and general laws of the State
of Texas, a general municipal election is hereby called and ordered for the first Saturday
in May, 2003. The same being the third day of said month at which election all qualified
voters residing within the corporate limits of the city may vote for the purpose of electing
council members for Wards I, II, III, and IV for full terms and on four propositions for the
sale of park property. The park property to be.97 acres of Combest Park and all of Hebert
Park, Jacobs Park and Oakland/Maple Park.
Section 2.
THAT Section 4 of said Ordinance 03-007 be and the same is hereby amended to read as
follows:
Section 4.
Legally qualified voters residing within Wards I, II, III, and IV of the corporate
limits of the City of Beaumont shall be entitled to a vote at said election for
the respective candidate(s) of each Ward. In addition, all the qualified
voters residing within the city limits of Beaumont shall be entitled to vote on
each of the four propositions concerning the sale of park property.
Section 3.
THAT Section 3, Paragraph "j" of said Ordinance 03-007 be and the same is hereby
amended to read as follows:
Section 3.
j. The judges and clerks shall be compensated at a rate of
$8.00 per hour. No judge or clerk shall be paid for more
than one hour of work before the polls open and no period
of time subsequent to two hours after voting is concluded
by all voters offering themselves for voting during regular
voting hours. The election official who delivers the returns
of the election shall be paid an additional $25.00 provided
he/she also returns unused ballots, elections supples, and
ballot boxes when he/she makes delivery of the returns of
the election.
Section 4.
THAT all ordinances or parts of ordinances inconsistent or in conflict herewith, are to the
extent of such inconsistencies or conflict, hereby repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2003.
- Mayor Evelyn M. Lord -
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March 18, 2003
Consider amending Chapter 28, Article V, Industrial Waste Standards of the Code of Ordinances
City of Beaumont
Council Agenda Item
OL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joseph G. Majdalani, Water Utilities Manager
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: March 14, 2003
REQUESTED ACTION: Council approval an ordinance amending Chapter 28, Article V,
Industrial Waste Standards of the Code of Ordinances..
RECOMMENDATION
Administration recommends approval of modifications to the sewer use ordinance, Chapter 28,
Article V, Industrial Waste Standards. The amendment will update the ordinance to comply with
State and EPA pretreatment regulations and will change the local limits of pollutants that can be
discharged to the sewer collection system and to the wastewater treatment plant.
BACKGROUND
The ordinance regulates the disposal of industrial wastewater,and the use of public and private sewers
and drains. Limits on the concentration and loading of pollutants allowed to be discharged are set
according to possible pass through of pollutants to the environment or interference with the sewer
collection system or with the wastewater treatment plant. The City submitted changes to the local
limits for approval by the Texas Commission on Environmental Quality(TCEQ)in 1999,and in 2002,
TCEQ requested additional modifications to the pretreatment program and an adjustment to the local
limits.
BUDGETARY IMPACT
None
PREVIOUS ACTION
The ordinance was amended September 25, 1990.
SUBSEQUENT ACTION
Water Utilities will send TCEQ the requested amendments approved by Council. Once received,
TCEQ's Office of Chief Clerk will send a letter with instructions to publish notice for a 30-day
comment period. The U.S.Environmental Protection Agency will have 45 days to comment. After
which time, if no comments have been received, it will be incorporated into the wastewater TPDES
permit.
RECOMMENDED BY
City Manager, Public Works Director, and Water Utilities Manager.
RECOMMENDED MOTION:
Approve/Deny an ordinance amending Chapter 28,Article V,Industrial Waste Standards of the Code
of Ordinances.
ORDINANCE NO. 90-57
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY REPEALING, SECTIONS 28-100 THROUGH 28-106, AND
ENACTING NEW SECTIONS 28-100 THROUGH 28-106,
REGULATING THE DISPOSAL OF INDUSTRIAL
WASTEWATER IN THE CITY OF BEAUMONT; THE USE OF
PUBLIC AND PRIVATE SEWERS AND DRAINS; THE
REMOVAL AND DISPOSAL OF WASTEWATER FROM
HOLDING TANKS, PROVIDING A PENALTY; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY,
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
That Sections 28-100 through 28-103 of Chapter 28 of the Code of Ordinances, City of Beaumont,
Texas,be and the same are hereby repealed,and there is hereby enacted new Sections 28-100 through
28-106 of said Code of Ordinances to read as follows:
Purpose and Policy. This ordinance sets forth uniform requirements for Users of the Publicly
Owned Treatment Works(POTW)for the City of Beaumont and enables the City to comply with all
applicable State and Federal laws, including the Clean Water Act(33 United States Code § 1251 et
seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations § 403). The
objectives of this ordinance are:
A. To prevent the introduction of pollutants into the POTW which will interfere with its
operation;
B. To prevent the introduction of pollutants into the POTW which do not receive adequate
treatment and which will pass through the POTW into the receiving waters or the atmosphere
or otherwise be incompatible with the POTW;
C. To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;
D. To protect the public using and the personnel operating the POTW.
This ordinance provides for the regulation of Users of the POTW through the enforcement of
administrative regulations. This ordinance authorizes the issuance of indirect discharge permits;
authorizes monitoring,compliance, and enforcement activities, including recovery of costs relating to
1
Industrial User noncompliance;establishes administrative review procedures;requires User reporting;
and provides for the setting of fees for the equitable distribution of costs resulting from the program
described herein. This ordinance does not provide for the recovery of operations, maintenance or
replacement costs of the POTW or the costs associated with the construction of collection and
treatment systems used by Industrial Users in proportion to their use of the POTW, which are the
subject of separate enactments.
Abbreviations:
CFR—United States Code of Federal Regulations
gpd—gallons per day, in conjunction with water usage or wastewater discharge
RCRA—Resource Conservation and Recovery Act, a Federal Law
TAC—Texas Administrative Code
Section 28-100. Definitions.
As used in this article, the following terms shall have the respective meanings ascribed to them:
1) Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended.
2) The Administrator: The Region 6 Administrator of the Environmental Protection Agency or
his duly authorized representative.
3) Administrative Orders: Enforcement documents which direct an Industrial User to undertake
or cease specific activities. The orders may take the form of: Cease&Desist Orders,
Consent Orders, Show Cause Orders, or Compliance Orders.
4) Approval Authority The Executive Director of the Texas Commission on Environmental Quality
(TCEQ). The TCEQ received the authorization to implement the NPDES Program in Texas.
5) Authorized Representative of Industrial User: An authorized representative of an Industrial User
may be: (1) An owner;(2) A principal executive officer of at least the level of vice-president,if
the Industrial User is a corporation; (3) Any partner or proprietor if the Industrial User is a
partnership or proprietorship,respectively;(4) A duly authorized representative of the individual
above if such representative is responsible for the overall operation of the facilities from which
the indirect discharge originates.
6) Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five(5)days at twenty(20)
degrees centigrade, as specified in 40 CFR§ 136, expressed in milligrams per liter.
7) Building Drain: That part of the lowest horizontal piping of a drainage system which receives the
discharge from waste and other drainage pipes inside the walls of the building and conveys it to
2
the building sewer, beginning three(3) feet outside the inner face of the building wall.
8) Building Sewer: The extension from the building drain to the public sewer or other place of
disposal.
9) Chemical Oxygen Demand(COD): The measure of the oxygen consuming capacity of inorganic
and organic matter present in water, sewage, Industrial waste, or other liquid under standard
laboratory procedures as specified in 40 CFR § 136, expressed as milligrams per liter.
10) City, or the City: The City of Beaumont, Texas
11) Composite Sample: A compound sample created by combining samples taken at different times.
12) Control Authority: The City of Beaumont
13) Direct Discharge: The discharge of treated or untreated wastewater directly to the waters of the
State of Texas.
14) Director: The Water Utilities Division Manager of the City of Beaumont, or his authorized
deputy, agent or representative.
15) Domestic Wastewater: Waterborne waste normally discharged from the sanitary conveniences of
dwellings (including apartment houses and hotels), office buildings, factories, and institutions,
free from storm water, surface water, and Industrial waste. Normal domestic wastewater shall
mean "normal' sewage for the City, in which the following average concentrations are
established:
(a) BOD = 250 milligrams per liter
of wastewater
(b) COD = 550 milligrams per liter
of wastewater
(c) TSS = 300 milligrams per liter
of wastewater
(d) O& G = 200 milligrams per liter
of wastewater
16) Grab Sample:, A sample which is taken from a waste stream on a one-time basis with no
regard to the flow in the waste stream and over a period of time not to exceed 15 minutes as
required in Appendix E of 40 CFR § 403.
17) Hazardous Waste: Any liquid, semi-liquid or solid waste(or combination of wastes), which
because of its quantity, concentration, physical, chemical or infectious characteristics may:
a) Have any of the following characteristics: toxic, corrosive, an irritant, a strong sensitizer,
3
flammable or combustible, explosive or otherwise capable of causing substantial personal
injury or illness;
b) Pose a substantial hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise improperly managed, and is identified or
listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act, V.T.C.S.
Article 4477, or the Administrator,U. S.Environmental Protection Agency(EPA)pursuant
to the Federal"Solid Waste Disposal Act,"as amended by the"Resource Conservation and
Recovery Act of 1976" and as may be amended in the future.
18) Environmental Protection Agency, or EPA: The U. S. Environmental Protection Agency, or
other duly authorized official of said agency.
19) Extra-Territorial Jurisdiction: An area outside the corporate limits of a municipality as defined in
Local Government Code, § 42.021.
20) Garbage: Solid waste from the preparation, cooking and dispensing of food, and from the
handling, storage, and sale of produce. Properly shredded garbage has been shredded to such a
degree that all particles will be carried freely under the flow conditions normally prevailing in
public sewers with no particle greater than one-half inch in any dimension.
21) Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets,campers,
trailers, septic tanks, and vacuum-pump tank trucks.
22) Indirect Discharge or Discharge: The introduction of pollutants into a POTW from any non-
domestic source regulated under Section 307 (b), (c), or(d) of the Act.
23) Industrial User: Any person, business or governmental agency that discharges nondomestic
waste to the City wastewater treatment system.
24) Industrial Waste: All gases, solids or liquids resulting from any industrial,manufacturing,food
processing, oil and/or gas well and/or gas field site operations or processes, or from the
development of any natural resource,or any mixture of these with water or domestic wastewater.
25) Industrial Wastewater Discharge Permit: A permit required of all Significant Industrial Users to
deposit or discharge industrial wastewater to the City's wastewater treatment system. This
permit does not grant a waiver to allow discharge of any waste prohibited by this article or allow
discharge of any waste that exceeds the limits or is in violation of the requirements of this
ordinance.
26) Interference: The inhibition or disruption of the wastewater treatment system which contributes
to a violation of any requirement of the City's TPDES permit. This term includes prevention of
sewage sludge use or disposal by the wastewater treatment plant in accordance with Section 405
of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste
4
Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state
criteria applicable to the method of disposal or use employed by the wastewater treatment plant.
27) Ma,, "May" is a permissive or discretionary statement.
28) Maximum Discharge Limit: The flow limitations as prescribed to collection system capacity and
allowable head loading at the POTW.
29) Non-Contact Cooling Water: Water used for cooling which does not come into direct contact
with any raw material, intermediate product, wastewater product, or finished product.
30) Non-Hazardous Waste Hauler Permit: A permit required of all persons engaged in draining,
flushing, or cleaning out any tanks containing chemical liquid wastes, septic tank wastes,oil and
grease trap wastes, or any type of domestic or nondomestic waste within the City. This permit
shall also be required of all persons transporting such wastes into the City for final disposal.
31) National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(B)
and (C) of the Act which applies to a specific category of Industrial Users.
32) Natural Outlet: Any outlet to a watercourse,pond,ditch,lake or other body of surface water or
groundwater.
33) National Pollutant Discharge Elimination System or NPDES Permit: A permit issued by the
EPA pursuant to Section 402 of the Act.
34) New Source: Any building, structure, facility, or installation from which there is or may be a
discharge of pollutants,the construction of which commenced after the publication of proposed
Pretreatment Standards under Section 307(c)of the Act which will be applicable to such source
and such standards are thereafter promulgated in accordance with that section,provided that the
source meets the requirements listed in 40 CFR§403.3 (k)including any amendments thereto.
35) Oil and Grease (O & G): The total quantity of material recovered under standard laboratory
procedures as specified in 40 CFR§ 136, expressed as milligrams per liter.
36) Pass Through: A discharge which exits the POTW into waters of the United States in quantities
or concentrations which, alone or in conjunction with a discharge or discharges from other
sources,is a cause of a violation of any requirement of the POTW's TPDES permit,including an
increase in the magnitude or duration of a violation.
37) Person: Any individual, partnership, co-partnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all Federal, State, and local
governmental entities.
5
3 8) pH. The logarithm(base 10)of the reciprocal of the concentration of hydrogen ions expressed in
grams per liter of solution.
39) Pollutant: Any substance discharged into a POTW or its collection system which is prohibited or
limited by Section 28-101 of this ordinance. This term includes dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials,radioactive materials, heat wrecked or discarded equipment,rock, sand,cellar dirt and
industrial, municipal and agricultural wastes.
40) Pollution: The man-made or man-induced alteration of the chemical,physical,biological and/or
radiological integrity of water.
41) POTW: Publicly Owned Treatment Works as defined in 40 CFR Section 403.3, including any
amendments thereto; the municipal wastewater treatment system.
42) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants or the
alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in
lieu of discharging to the wastewater treatment system.
43) Pretreatment Requirement: Any substantive or procedural requirement related to Pretreatment,
other than a National Pretreatment Standard, imposed on an Industrial User.
44) Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the
EPA in accordance with Section 307 (b), and(c) of the Act which applies to Industrial Users.
This term includes prohibitive discharge limits.
45) Public Sewer: A sewer in which all owners of abutting properties have equal rights,and which is
controlled by public authority.
46) Sanitary Sewer: A sewer which carries wastewater to which storm, surface, and ground waters
are not intentionally admitted.
47) Significant Industrial User: Any Industrial User who;
a) has a discharge flow of process wastewater to the POTW(excluding sanitary, noncontact
cooling and boiler blowdown wastewater)of an average of twenty-five thousand(25,000)
gallons or more per average work day, or;
b) has a flow greater than ten(10)percent of the average daily flow in the City's wastewater
treatment system, or;
c) contributes a process waste stream which makes up 5 percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant;
d) is subject to requirements under the National Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR Chapter I, Subchapter N, including any amendments thereto, or;
e) has a reasonable potential in the opinion of the Director to adversely affect the POTW's
6
operation, or for violation, any pretreatment standard or requirement(in accordance with
40 CFR 403.8(f)(6) including any amendments thereto).
48) Significant Noncompliance: Instances of SNC are Industrial User violations which meet one or
more of the following criteria:
a) Violations of wastewater discharge limits.
(i) Chronic violations. Sixty-six percent or more of the measurements exceed the
same daily maximum limit or the same average limit in a 6-month period(any
magnitude of exceedance).
(ii) Technical Review Criteria(TRC)violations. Thirty-three percent or more of
the measurements exceed the same daily maximum limit or the same average
limit by more than the TRC in a 6-month period.
(iii) The TRC applies to those measurements found to be 1.4 times the limit for
BOD, TSS, fats, oil, and grease, and 1.2 times the limit for all other pollutants
except pH.
(iv) Any other violation(s)of an effluent limit(average or daily maximum)that the
City believes has caused, alone or in combination with other discharges,
interference(e.g., slug loads)or pass-through;or endangered the health of the
sewage treatment personnel or the public.
(v) Any discharge of a pollutant that has caused imminent endangerment to human
health/welfare or to the environment and has resulted in the City's exercise of
its emergency authority to halt or prevent such a discharge.
b) Violations of compliance schedule milestones, contained in a local control mechanism or
enforcement order,for starting construction,completing construction,and attaining final
compliance by 90 days or more after the scheduled date.
c) Failure to provide reports for compliance schedules, self-monitoring data, or categorical
standards(baseline monitoring reports,90-day compliance reports,and periodic reports)
within 30 days from the due date.
d) Failure to accurately report noncompliance.
e) Any other violation or group of violations that the City considers to be significant.
49) Shall: "Shall" is a mandatory statement.
50) Slug: Any discharge at a flow rate or concentration which could cause a violation of the
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discharge standards of this ordinance or any discharge of a non-routine, episodic nature,
including but not limited to; an accidental spill or a non-customary batch discharge.
51) Standard Industrial Classification (SIC) Code: A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and Budget.
52) Standard Methods: The examination and analytical procedures set forth in the latest EPA
approved edition, at the time of analysis, of Standard Methods for the Examination of Water and
Wastewater.
53) Storm Sewer: A sewer which carries storm and surface waters and drainage, but excludes
wastewater and polluted industrial waste.
54) Texas Commission on Environmental Qualily or TCEQ The TCEQ,the Administrator,or other
duly authorized official of said agency.
55) Texas Pollutant Discharge Elimination System or TPDES permit
56) Total Suspended Solids(TSS): The total suspended matter that floats on the surface of, or is
suspended in,water,wastewater or other liquids,and which is removable by laboratory filtering,
as specified in Standard Methods, expressed in milligrams per liter.
57) Trap: A device designed to skim, settle,or otherwise remove grease,oil, sand,flammable waste
or other harmful substances from wastewater.
58) Wastewater: The liquid and water-carried industrial or domestic waste from dwellings,
commercial buildings, industrial facilities, and institutions together with any ground water,
surface water, and storm water that may be present whether treated or untreated, which is
discharged into or permitted to enter the wastewater treatment system.
59) Wastewater Treatment System: All facilities for collecting,pumping,treating,and disposing of
wastewater.
60) Unpolluted Water or Waste: Any water or waste containing none of the following: free or
emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor in
receiving water; toxic poisonous substances in suspension, colloidal state or solution; and
noxious and odorous gases. It shall contain not more than ten(10)milligrams per liter each of
suspended solids and B.O.D. The color shall not exceed fifty(50)parts per million as measured
by the Platinum-Cobalt method as listed in Standard Methods.
61) Upset: An event that would otherwise be a violation of this ordinance or permit issued under the
ordinance which was caused solely by an act of God,war, strike, riot, or other catastrophe, and
was unpreventable, then the event is not a violation of the ordinance or permit.
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62) Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.
Section 28-101: Use of the Public Sewers
1) General Discharge Prohibitions: No User may introduce into the POTW any pollutant(s)which
cause pass through or interference. No User shall contribute, directly or indirectly, any of the
following described materials,waters,or wastes. These prohibitions apply to all dischargers into
the wastewater treatment system,whether or not the User is subject to any National Categorical
Pretreatment Standard, any permit requirements as a Significant User,or any other national,state
or local standards or requirements:
a) Any discharges with a closed-cup flashpoint of less than one hundred forty(140) degrees
Fahrenheit. At no time shall two(2) successive readings on an explosion hazard meter, at
the point of discharge to the system,be more than five percent(5%)nor any single reading
over ten percent (10%) of the Lower Explosive Limit of the meter. Prohibited materials
include gasoline,benzene,naphtha, fuel oil or any other flammable or explosive liquid,solid
or gas.
b) Any liquids, solids or gases, which by reason of their nature or quantity are, or may be
sufficient either alone or by interaction with other substances to cause fire or explosion.
c) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure or other solid or viscous substances which cause obstruction to the
flow in sewers or other interferences with the proper operation of the wastewater treatment
system.
d) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees
Fahrenheit (65 degrees centigrade), or which will cause the temperature of the total
wastewater treatment plant influent to increase at a rate of ten(10)degrees Fahrenheit(5.5
degrees centigrade)per hour, or a combined total increase of plant influent temperature to
one hundred four(104) degrees Fahrenheit (40 degrees centigrade).
e) Any wastewater having a pH less than six(6.00) or higher than eleven(11.00) or having
any other corrosive property capable of causing damage or hazard to structures,equipment,
or personnel of the wastewater treatment system.
f) Any garbage that has not been properly shredded.
g) Any waste or water containing suspended or dissolved solids of such character and quantity
that unusual attention or expense is required to handle such material at the wastewater
treatment plant or in the collection system.
h) Any discharges that result in toxic gases, fumes, or vapors in a quantity capable of causing
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a potential health and safety hazard to either the public or wastewater treatment personnel
or any noxious or malodorous gas or substance capable of creating a public nuisance.
i) Any water or waste containing a toxic or poisonous pollutant in sufficient quantity to injure
or interfere with any wastewater treatment process, constitute a hazard to humans or
animals, or cause the City to violate its TPDES permit for receiving water quality
standards. A toxic pollutant shall include, but not be limited to any pollutant identified
pursuant to Section 307(a)of the Act.
j) Any wastewater with objectionable color not removed in the treatment process.
k) Any wastewater exceeding the Local Limits set by the Control Authority and approved by
the administrator. The following pollutant limits are established to protect against pass
through and interference. No person shall discharge wastewater containing in excess ofthe
following:
Any heavy metals, in solution or suspension, in concentration exceeding the following local
limit(in milligrams per liter):
Arsenic................................................................................................. 4.0
Cadmium ..............................................................................................0.3
Chromium(Total) ............................................................................ 21.0
Copper ................................................................................................. 1.9
Lead .....................................................................................................1.8
Mercury ............................................................................................0.005
Nickel ...................................................................................................4.0
Selenium ..............................................................................................1.4
Silver ....................................................................................................3.0
Zinc ...................................................................................... .............8.0
Any phenols greater than ten(10.0)milligrams per liter
Any cyanide greater than one and four-tenths(1.40)milligrams per liter as CN.
The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for"total"metal unless indicated otherwise. The
Director may impose mass limitations in addition to, or in place of,the concentration-based
limitations above. The limits will apply to end of pipe of wastewater stream and/or process
waste stream as determined by state and federal regulations.
The City reserves the right to establish, by ordinance or in industrial wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW.
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1) Any chloride concentrations great enough to raise the chloride content of the POTW effluent
above 400 mg/l.
m) Any pollutants,including oxygen demanding pollutants(B.O.D., etc.),released as a slug flow
which will cause interference to the wastewater treatment plant.
n) Any wastewater containing any radioactive waste or isotopes of such concentration as may
exceed applicable state or federal regulations.
o) Any substance which may cause the wastewater treatment plant's effluent or any other
product of the wastewater treatment system such as residues, sludges, or scums to be
unsuitable for reclamation and reuse, or to interfere with the reclamation process. Industrial
User facilities utilizing or otherwise handling chemical substances in such a manner that may
generate either characteristic or listed hazardous waste shall be required by the director to
perform hazardous waste determinations on their process waste and/or wastewater.
p) Any fat, oil, or grease in excess of two hundred (200) milligrams per liter
q) Any petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts
that will cause interference or pass through.
r) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
2) Dilution:No User shall increase the use of potable or process water or,in any other way,attempt
to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the local limits or the applicable pretreatment standards. The City may impose
mass limitations on Users that are using dilution to meet the pretreatment standards or
requirements of the ordinance, or in other cases where the imposition of mass limitations is
deemed appropriate by the City.
3) Discharge of Manufacturing Industrial etc Wastewater:
a) When the director determines that a User is contributing to the wastewater treatment
system any of the above enumerated substances in such amounts as to interfere with the
operation of the system,the User shall be advised of the impact on the system and effluent
limitations for such User will be developed to correct the interference, or the waste will be
prohibited from entering the system.
b) Where acids or chemicals damaging to sewer lines or treatment processes are released to
the system, causing rapid structural deterioration and/or interfering with proper treatment
of wastewater, and/or presenting imminent danger to wastewater treatment personnel,the
director is authorized to immediately terminate service until such time as the User's
discharge is in compliance with this article.
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4) Discharge of Storm Water,etc. to Sanitary Sewer Prohibited: No person shall discharge or cause
to be discharged any storm water, surface water, ground water,roof runoff, subsurface drainage
or unpolluted industrial process water to any sanitary sewer without prior written approval of the
director.
5) Designation of Sewers for Storm Water, etc,: In compliance with applicable state and federal
statutes, the director may designate storm sewers and other watercourses into which unpolluted
drainage described in Subsection 3 of this section may be discharged.
6) Compliance with Existing,Authority
a) Unless exception is granted by the director, the public sewer system shall be used by all
persons discharging-
(i) Wastewater
(ii) Liquid industrial wastes; or
(iii) Polluted liquids
b) Unless authorized by the Texas Commission on Environmental Quality and/or EPA, no
person may deposit or discharge any waste included in paragraph(a) of this subsection on
public or private property in or adjacent to any:
(i) Natural outlet;
(ii) Watercourse;
(iii) Storm Sewer; or
(iv) Other area within the jurisdiction of the City.
c) The director shall verify prior to discharge that wastes authorized to be discharged will
receive suitable treatment within the provisions of the laws,regulations,ordinances,rules and
orders of federal, state, and local government.
7) General Permits: All Significant Industrial Users shall obtain an Industrial Wastewater Discharge
Permit. All existing significant Users connected or contributing to the wastewater treatment
system shall obtain an Industrial Wastewater Discharge Permit within 30 days after the effective
date of this article.
8) Non-Hazardous Waste Hauler Permits No person shall drain, flush or clean out any tanks or
basins containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any
other type of domestic or non-domestic liquid wastes and dispose of such wastes into the City's
sanitary sewer system unless such person is issued a permit by the City. Any disposal site within
the City, and method of disposal,must be approved by the director. Copies of trip tickets shall be
maintained and made available for inspection at any reasonable time.
9) Federal Categorical Pretreatment Standard Upon the promulgation of the Federal Categorical
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Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more
stringent than the limitations imposed under this article for sources in that subcategory, shall
immediately supersede the limitations imposed under this article_ The director will attempt to
notify all affected Users of the applicable reporting requirements under 40CFR§403.12;however,
it will be incumbent on all Users to keep themselves apprised of current local, state, and federal
laws.
10)Excessive Discharge: No User shall ever increase the use of process water, or in any way
attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in this article. Flow restrictions may apply where an
Industrial User's flow exceeds twenty percent (20%) of the POTW's average daily flow.
11)Accidental Discharges: Each Industrial User shall provide protection from accidental discharge of
prohibited materials or other substances regulated by this article. The following requirements also
apply:
a) Facilities to prevent accidental discharge of prohibited materials shall be provided and
maintained at the owner's or User's own cost and expense. When required by the director,
detailed plans showing facilities and operating procedures to provide this protection shall be
submitted for review and shall be approved before construction of the facility. All existing
Users shall submit the above information when required by the director,within ninety(90)
days of written notice.
b) In the case of an accidental discharge, it is the responsibility of the User to immediately
telephone and notify the wastewater treatment plant superintendent of the incident. The
notification shall include location of discharge,type of waste, concentration,volume, and
corrective actions.
c) Within five(5)days following an accidental discharge;the User shall submit to the director
a detailed written report describing the cause of the discharge and the measures to be taken
by the User to prevent similar occurrences. Such notification shall not relieve the User of
any expense, loss, damage or other liability which may be incurred as a result of damage to
the wastewater treatment system, fish kills, or other damage to person or property; nor
shall such notification relieve the User of any fines, civil penalties, or other liability which
may be imposed by this article or other applicable law.
d) A notice shall be permanently posted on the User's bulletin board or other prominent place
advising employees who to call in the event of a dangerous discharge. Employers shall
insure that all employees who may cause or suffer such a dangerous discharge to occur are
advised of the emergency notification procedure.
e) Failure to notify the director of an accidental discharge may result in legal action or
discontinuation of utility service.
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12) Pretreatment: Where necessary to comply with the provisions of this article, the User shall
provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable
characteristics or constituents to within acceptable limits, or to control the quantities and rates of
discharge of such waters or waste. Plans, specifications, and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for the approval of the
director and the chief plumbing inspector, and no construction of such facilities shall be
commenced until said approvals are obtained in writing. The following requirements also apply:
a) Grease, oil, and sand traps shall be provided for the proper handling of liquid wastes
containing grease or flammable wastes, sand and other harmful ingredients, except that such
interceptors shall not be required for premises used exclusively as private living quarters or
dwelling units.
b) Grease and oil traps shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature_ They shall be located as to be readily and easily
accessible for cleaning and inspection.
c) Where preliminary treatment facilities are provided for any waters or waste, they shall be
maintained continuously in satisfactory and effective operation by the User at his expense.
13)Inspection Manhole: When required by the director, an Industrial User shall install a suitable
inspection manhole in the building sewer to facilitate observation, sampling,and measurement of
the wastes. Such manhole shall be accessible and safely located, and shall be constructed in
accordance with plans approved by the director and the chief plumbing inspector. The manhole
shall be installed and maintained by the User at his expense.
14)Inspection, Sampling, and Analysis: The City shall inspect the facilities of any User to ascertain
whether the requirements of this article are being met. All Users designated as Significant
Industrial Users shall be inspected and sampled a minimum of once per year. This shall not
prohibit the City from more frequent sample collection or inspections. Persons or occupants of
the Industrial User facility where wastewater is created or discharged shall allow the director
and/or his representatives (the State(TCEQ) and EPA, along with other City personnel) ready
access at all reasonable times to all parts of the premises for the purposes of inspection, sampling
for routine or independent samples, records examination, or in the performance of any of their
duties. The City shall have the right to set up on the User's property such devices as are
necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
Where a User has security measures in force which would require proper identification and
clearance before entry into their premises,the User shall make necessary arrangements with their
security guards so that upon presentation of suitable identification, personnel from the City will be
permitted to enter without delay, for the purpose of performing their specific responsibilities. All
analyses shall be performed in accordance with procedures established by the Administrator
pursuant to Section 304 (h) of the Act and contained in 40 CFR, Part 136 and amendments
thereto. Sampling shall be performed in accordance with the techniques approved by the EPA.
Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in
14
question, sampling and analysis shall be performed by using validated analytical methods or any
other applicable sampling and analytical procedures approved by the Administrator. All Users
who are required by this article to develop data for submittal to the City shall comply with this
paragraph.
15)Existing Pretreatment: Detailed plans showing any pretreatment facilities and operating
procedures required to meet pretreatment standards or permit requirements, shall be submitted to
the City for review, and shall be acceptable to the City before construction of the facilities. The
review of such plans and procedures will in no way relieve the User from the responsibility of
modifying the facility, as necessary, to produce an effluent acceptable to the City under the
provisions of this article. Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior to the User's initiation of the
changes.
16)Noncompliance: The City shall annually publish in the Beaumont Enterprise newspaper a list of
the Users which were in Significant Noncompliance as defined by the EPA, of any pretreatment
standards, permit requirements, or other provisions of this article. The notification shall also
summarize any enforcement action taken against the Users during the same twelve months.
17)Confidential Information: Information and data on a User obtained from reports,questionnaires,
permit applications, permits and monitoring programs and from inspections shall be available to
the public or other governmental agencies without restriction unless the User specifically requests
and is able to demonstrate to the satisfaction of the City that the release of such information
would divulge information entitled to protection as trade secrets of the User. When requested by
the User,the portions of a report which might disclose trade secrets or secret processes shall not
be made available for inspection by the public,but shall be made available upon written request to
governmental agencies for uses related to the article, the TPDES Permit, state disposal system
permit and/or pretreatment program and other judicial reviews or enforcement proceedings by
state or federal agencies. Any information requested to be held confidential shall be stamped
"confidential business information" on each page containing such information. Confidential
information will be treated in accordance with the City's written Confidential Statement
Procedure. Wastewater constituents and characteristics will not be recognized as confidential
information.
18)State Requirements: Requirements and limitations on discharges, issued by the State of Texas,
shall apply in any case where they are more stringent than requirements and limitations in this
article.
19)City's Right of Revision: The City reserves the right to establish by ordinance more stringent
limitations or requirements on discharges to the wastewater treatment system if deemed necessary
to meet or comply with new federal or state regulations.
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Section 28-102. Permits.
1) Industrial Wastewater Discharge Permit Application: Users required to obtain an Industrial
Wastewater Discharge Permit (Significant Users) shall complete and file with the City, an
application in the form prescribed by the City. Existing Significant Users shall apply for an
Industrial Wastewater Discharge Permit within 30 days after the effective date ofthis article,and
proposed new Significant Users shall apply at least 90 days prior to connecting to or contributing
to the wastewater treatment system. In support of the application,the User shall submit,in units
and terms appropriate for evaluation, the following information:
a) Name, mailing address, and location(if different from the mailing address).
b) SIC number according to the most recent edition of Standard Industrial Classification Manual,
Office of Management and Budget;
c) Wastewater constituents and characteristics including,but not limited to,those mentioned in
Section 28-101 of this article as determined by a reliable analytical laboratory. Sampling and
analysis shall be performed in accordance with procedures established by the EPA pursuant to
Section 304(h) of the Act and contained in 40 CFR, Part 136, as amended;
d) Time and duration of contribution;
e) Average daily and thirty-(30)minute peak wastewater flow rates,including daily,monthly and
seasonal variations, if any;
f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer
connections, and existing or proposed monitoring facilities and appurtenances by the size,
location, and elevation;
g) Description of activities, facilities and plant processes on the premises including all materials
which are or could be discharged;
h) The nature and concentration of any pollutants in the discharge which are limited by any City,
state, or federal pretreatment standards, and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis and, if not, whether additional
Operation and Maintenance(O&M)and/or additional pretreatment is required for the User to
meet applicable pretreatment standards;
i) If additional pretreatment and/or O&M will be required to meet the pretreatment standards,
the shortest schedule by which the User will provide such additional pretreatment. The
completion date in this schedule shall not be later than the compliance date established for the
applicable pretreatment standard:
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(i.) The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the User to meet the
applicable pretreatment standards (i.e., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major
comments, commencing construction, etc.)
(ii.) No increment referred to in paragraph (1) shall exceed nine(9) months.
(iii.) Not later than 14 days following each date in the schedule and the final date
for compliance, the User shall submit a progress report to the director
including, as a minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay, and the steps
being taken by the User to return the construction to the schedule established.
In no event shall more than nine (9) months elapse between such progress
reports to the director.
j) Each product produced by type, amount, process or processes and rate of production;
k) Type and amount of raw materials processed (average and maximum per day);
1) Number and type of employees, hours of operation of plant and proposed or actual hours of
operation of the pretreatment system;
m) Any other information as may be deemed by the City to be necessary to evaluate the permit
application.
n) The City will evaluate the data furnished by the User and may require additional information.
After evaluation and acceptance of the data furnished, the director may issue an Industrial
Waste Permit subject to terms and conditions provided herein.
2) Permit Modifications: Within nine (9) months of the promulgation of a National Categorical
Pretreatment Standard, the Industrial Wastewater Discharge Permit of Users subject to such
standards shall be revised to require compliance with such standard within the time frame
prescribed by such standard. Where a User, subject to a standard, has not previously submitted
an application for an Industrial Wastewater Discharge Permit as required by Subsection(1)(the
User shall submit an Industrial Waste Permit Application to the City within three(3)months of
the Promulgation of the National Categorical Pretreatment Standard.)
3) Extra-Territorial Jurisdiction Industrial Users. Any User located beyond the City limits required
to obtain an Indirect Discharge Permit shall submit a permit application within ninety(90)days
prior to discharging to the POTW as outlined in Section 28-102 (1) of this ordinance, and be
subject to all requirements of this article.
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a) If the Industrial User is within a jurisdiction where the City does not have the legal authority
to enforce the ordinance as written, a Multijurisdictional Agreement shall be filed with the
municipality or county in which the Industrial User is located.
b) Any Industrial User that is outside of the City limits shall request its municipality jurisdiction
to enter into a Multi-Jurisdiction Agreement with the City.
4) Temporary Indirect Discharge Permits. The City may issue Indirect Discharge Permits to address
temporary,nondomestic discharges to the POTW. Each temporary discharge must receive prior
written approval from the City. Wastewater sources that are subject to temporary permitting
include,but are not limited to, storm water,ground water,cooling water,process water,cleanup
water from spills, leaking underground storage tanks, and monitoring wells. Each Temporary
Discharge Permit must be reviewed and reissued if the User wishes to discharge past the original
expiration date. Users issued Temporary Indirect Discharge Permits shall pay all applicable
charges and fees and meet such other conditions as required by the City.
5) Permit Conditions: Industrial Wastewater Discharge Permits shall be expressly subject to all
provisions of this article and all other applicable regulations,User charges and fees established by
the City. Permits shall contain the following provisions to insure compliance with permit
conditions:
a) The unit charge or schedule of User charges and fees for the wastewater to be discharged
to a community sewer;
b) Limits on the maximum wastewater constituents and characteristics;
c) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization;
d) Requirements for installation and maintenance of inspection and sampling facilities,and for
offering the City access thereto;
e) Specifications for self-monitoring requirements shall include sampling locations,frequency
of sampling, number, types and standards for tests and reporting schedule;
f) Compliance schedules,
g) Requirements for submission of technical reports or discharge reports;
h) Requirements for maintaining and retaining plant records relating to wastewater discharge
as specified by the City and affording the City access thereto;
i) Requirements for notification of the director of any new introduction of wastewater
constituents, any substantial change in volume or character of the wastewater constituents
18
being introduced into the wastewater treatment system and any plans for the installation of
new processes,
j) Requirements for notification of potential problems, including slug loading and accidental
discharges;
k) Requirements for hazardous waste determinations on waste and wastewater generated at
the permitted facility.
1) Other parameters or conditions as deemed appropriate by the director to ensure compliance
with this ordinance.
m) The Permittee may be required to conduct effluent monitoring at an increased frequency
when effluent parameters are violated during the permit period.
6) Deny. The City reserves the right to deny or condition new or increased contributions of
pollutants to the POTW by industrial Users where such contributions do not meet applicable
pretreatment Standards and Requirements or where such contributions would cause the POTW to
violate its TPDES permit.
7) Permits Duration: Permits shall be issued for a specific time period,not to exceed three(3)years.
A permit may be issued for a period less than a year or may be stated to expire on a specific date.
The User shall apply for permit reissuance a minimum of 90 days prior to the expiration of the
User's existing permit. The terms and conditions of the permit may change as limitations or
requirements as identified in Section 28-101 are modified or other just cause exists. The User
shall be informed of any proposed changes in his permit at least 30 days prior to the effective date
of change. Any changes or new conditions in the permit shall include a reasonable time schedule
for compliance.
8) Permit Transfer: Industrial Wastewater Discharge Permits are issued to a specific User for a
specific operation. A permit shall not be reassigned,transferred or sold to new owner,new User,
different premises, or a new or changed operation without the approval of the City.
9) Reporting Requirements for Permittee• The following shall apply to reporting requirements under
this subsection:
a) Within 90 days following the date for final compliance with applicable categorical
pretreatment standards or, in the case of a new source, following commencement of the
introduction of wastewater to the wastewater treatment system, any User subject to
categorical pretreatment standards and requirements shall submit to the director a report
indicating the nature, concentration, and flow of all pollutants in the discharge from the
regulated process which are limited by categorical pretreatment standards. The average and
maximum daily flow for these process units in the User's facility which are limited by such
pretreatment standards shall be included in the report. The report shall state whether the
19
applicable pretreatment standards are being met on a consistent basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the User into compliance. This
statement shall be signed by an Authorized Representative of the User, and certified by a
professional engineer.
b) Any Industrial User subject to a categorical Pretreatment Standard, after compliance date of
such Pretreatment Standard, or, in the case of a New Source, after commencement of the
discharge into the POTW, shall submit to the director a report for continued compliance no
less than twice a year as determined by the pretreatment year,unless required more frequently
in the Pretreatment Standard or by the director or the Approval Authority, indicating the
nature, concentration, and flow of the pollutants in the effluent which are limited.
c) All Significant Industrial Users,whether or not subject to categorical pretreatment standards,
shall submit once every six months on dates specified by the director and/or periodic
discharge monitoring reports as required in the User's permit, indicating the nature,
concentration, and flow of pollutants in the effluent which are limited by pretreatment
standards or permit requirements.
d) Where an Industrial User's or the City's sampling data indicates a violation of effluent
parameters, other than surchargeable parameters, the Industrial User must repeat sampling
and analysis for the parameter(s) violated and submit the analytical results to the director
within 30 days.
e) The City will, on occasion, do monitoring in lieu of the User, however, the User shall
compensate the City for cost of the monitoring including sampling, analysis, labor, and
reporting.
f) These reports shall be based on sampling and analysis performed in the period covered by the
report, and performed in accordance with the techniques specified in 40 CFR § 136 and
amendments thereto.
g) The director may impose mass limitations on Users which are using dilution to meet
applicable pretreatment standards or permit requirements or in other cases where the
imposition of mass limitations is appropriate. In such cases the User's discharge monitoring
reports shall indicate the mass of pollutants regulated by Pretreatment Standards in the
effluent of the User. These reports shall contain the results of sampling and analysis of the
discharge, including the flow and the nature and concentration, or production and mass,
where requested by the City of pollutants contained therein which are limited by the applicable
Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable
Pretreatment Standard, or as deemed necessary by the City.
h) Application Signatories and Certification. All wastewater discharge permit applications and
User reports must be signed by an authorized representative of the User and contain the
following certification statement: "I certify under penalty of law that this document and all
20
a attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
i) Monitoring Reports to demonstrate continued compliance. Periodic reports required shall
contain the results of sampling and analysis of the discharge,including the flow and the nature
and concentration, or production and mass where requested by the City, of pollutants
contained therein which are limited by the applicable Pretreatment Standards.
j) The frequency of monitoring will be established according to requirements for assessing and
ensuring compliance with applicable pretreatment standards and requirements. The
monitoring will be conducted during the period covered by the report, which data is
representative of conditions occurring during the reporting periods.
k) Records shall include for all samples:
(L) Chain of custody with the date, exact place, method, and time of sampling and the
names of the person or persons taking the samples;
(ii.) Dates analyses were performed;
(iii.) Who performed the analyses;
(iv.) The analytical techniques/methods used; and
(v.) The results of such analyses;
(vi.) The quality control and assurance performed to validate the analyses.
1) Non-compliance reporting; Industrial User shall give 24 hours,notice of becoming aware of a
noncompliance with pretreatment standards and/or requirements. A written report shall be
submitted with explanation of reason for the noncompliance within 5-days after becoming
aware of the noncompliance. The Industrial User shall conduct repeat analysis, within 30
days of the first noncompliance to show continued compliance.
m) Report-keeping requirements: Any Industrial User subject to the reporting requirements
established in this ordinance shall be required to retain for a minimum of 3 years any records
of monitoring activities and results(whether or not such monitoring activities are required by
this ordinance) and shall make such records available for inspection and copying by the
director and the administrator. This period of retention shall be extended during the course of
any unresolved litigation regarding the Industrial User or when requested by the director or
the administrator.
10)Monitoring Facilities: All Significant Industrial Users shall provide a suitable inspection manhole
to allow inspection, sampling, and flow measurement, as required by Section 28-101(13).
21
11)Non-Hazardous Waste Transporter Permits: The following provisions shall apply to all persons
required to obtain a Non-Hazardous Waste Hauler Permit for the purpose of transporting non-
hazardous waste as required by Section 28-101(8) of this article:
a) Persons requesting a non-hazardous waste hauler permit shall make application on a form
provided by the City and provide such information as the City may reasonably request and
shall have obtained a Texas Commission on Environmental Quality Sludge Transporter
Registration number.
b) All applicants shall submit for inspection by the City each vehicle the applicant proposes to
use to transport liquid waste. Each vehicle shall be constructed, equipped and identified in
accordance with the following provisions:
(i) Business name in three-inch high or larger letters shall be permanently
displayed on both sides of the vehicle;
(ii) Vehicle shall be equipped for safe operation;
(iii) Vacuum tanks and associated piping shall be liquid tight and permanently
attached to the vehicle;
(iv) Piping, valves, and connections shall be accessible and easy to clean;
(v) Inlet, outlet of tank to be constructed so that collected waste will not spill
during filling, transfer, or during transport;
c) A permit shall be issued by the City upon proof by the applicant that he has adequate and
proper equipment to perform the services contemplated, and has sufficient knowledge of
chemical hazards, septic tank or other sewage disposal system construction to perform the
services contemplated in a safe and competent manner.
d) The legal company name and number of the permit granted hereunder shall be plainly painted
on each side of each motor vehicle used in the conduct of the business permitted hereunder.
e) Upon payment of the fee,the City shall issue a permit to haul non-hazardous wastes. A non-
hazardous waste permit shall be issued for a one-year period and shall be non-transferable.
f) The following conditions shall apply to all non-hazardous waste hauler permits:
(i) A permit to transport non-hazardous waste issued by the City prohibits the
hauling of hazardous waste and the co-mingling of hazardous waste with non-
hazardous waste.
(ii) The City shall be notified of management changes during the permit period,
and provided with the new manager's name.
22
(iii) The flushing of-solids from a grease or sand trap into the sanitary sewer
system is strictly prohibited.
g) The director may reject the disposal of any waste exhibiting chemical characteristics or
concentrations that exceed the limitations set forth in Sections 28-100& 28-101.
h) The director may suspend or revoke the permit of a vehicle which is being operated in
violation of Section 28-102,and he may authorize the holding of the vehicle until the violation
is corrected.
i) Copies of trip tickets, as required by federal, state, or local regulation shall be maintained for
a minimum period of five years and shall be made available for inspection by the director at
any reasonable time. All wastes disposed within the City shall be noted on trip tickets
prescribed by the City and shall contain the following:
(i) Name and permit number of hauler;
(ii) Name of driver;
(iii)Date(s) of waste pickup;
(iv)Name, address, and phone number of generator(s);
(v) Description of wastes (chemical name, commercial name, etc.), and total gallons of
wastes to be discharged;
(vi)Hauler's Texas Commission on Environmental Quality Registration Number;
j) The director may revoke a permit if it is determined that a Permittee:
(i) Has violated a provision of this Ordinance;
(ii) Has failed to pay a required fee;
(iii)Has failed to comply with maintenance or inspection requirements.
(iv)Has violated applicable Federal or State regulations pertaining to the collection,
transportation or disposal of wastes.
(v) Has falsified information on the haulers permit application.
k) A Permittee whose permit is suspended or revoked shall not dispose of any waste materials
within the jurisdiction of the City.
23
Section 28-103. Enforcement.
1) Harmful Contributions: The director may suspend the (water service.) wastewater treatment
service and/or a wastewater discharge permit when such suspension is necessary,in the opinion of
the director, in order to:
a) Stop an actual or threatened discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, to the environment, causes
interference to the POTW or causes the City to violate any condition of its TPDES Permit.
b) Prevent the discharge of prohibited substances to the POTW(or the environment);
c) Prevent the continual violation of a wastewater discharge permit;
Any person notified of a suspension of the water service, wastewater treatment service and/or the
wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a
failure of the person to comply voluntarily with the suspension order, the director shall take such
steps as deemed necessary including immediate severance of the sewer connection. The director may
reinstate the wastewater discharge permit and/or the wastewater treatment service, or water service
upon proof (1) of the elimination of the non-complying discharge or provision of adequate
pretreatment facilities to comply with the discharge permit,(2)payment of costs incurred by the City,
and (3) submission of information as deemed necessary by the director for permit modification. A
detailed written statement by the User describing the causes of the harmful discharge and the
measures taken to prevent any future occurrence shall be submitted to the City within fifteen(15)
days of the date of occurrence.
2) Revocation of Permit: Any User who violates the following conditions of this article, or
applicable state and federal regulations,is subject to having his permit revoked in accordance with
the procedures of this section:
a) Failure of the User to factually report the wastewater constituents and characteristics of his
discharge.
b) Failure of the User to report significant changes in operations,or wastewater constituents and
characteristics.
c) Refusal of reasonable access to the User's premises for the purpose of inspection or
monitoring; or,
d) Violation of conditions of the permit.
24
3) Notification of Violation: Whenever the City finds that any User has violated this article,
Industrial Wastewater Discharge Permit, or any prohibition,limitation or requirement contained
herein, the City may serve upon such person a written notice stating the nature of the violation.
Within 5 days of the date of the notice, the User shall submit to the City satisfactory evidence of
correction of the violation.
4) Administrative Order: If the Industrial User fails to correct a violation within 15 days of
receiving a Notification of Violation, the City shall issue an Administrative Order for the
correction of this violation. The User is not relieved of responsibility for unauthorized discharges
which occur within the 15-day interval.
5) Show Cause Hearing: The City may order any User who causes or allows an unauthorized
discharge to enter the waste treatment system to show cause before the City Council why the
proposed enforcement action should not be taken. A notice shall be served on the User
specifying the date, time and place of a hearing to be held by the City Council regarding why the
action is to be taken, the proposed enforcement action, and directing the User to show cause
before the City Council why the proposed enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered or certified mail(return receipt requested)
at least ten (10) days before the hearing. Service may be made on any agent or officer of a
corporation.
a) The City Council may conduct the hearing and take the evidence, or may designate a
representative or committee to:
(i) Issue, in the name of the City Council,notices of hearings requesting the attendance and
testimony of witnesses and the production of evidence relevant to any matter involved in
such hearings.
(ii) Take the evidence.
(iii)Transmit a report of the evidence and hearing, including transcripts and other evidence,
together with recommendations to the City Council.
b) At any hearing held pursuant to this article,testimony must be taken under oath and recorded
stenographically. The transcript, so recorded, will be made available to any member of the
public or any party to the hearing upon payment of the usual charges thereof.
c) After the City Council has reviewed the evidence, it may issue an order to the User
responsible for the discharge directing that, following a specified time period, the sewer
service be discontinued unless the unauthorized discharge is properly treated, or otherwise
prevented from entering the wastewater treatment system,or proof of a valid treatment upset
is shown. Further orders and directives as are necessary and appropriate may be issued.
25
6) Legal Action: If any User discharges sewage, industrial waste or other waste into the City's
wastewater treatment system contrary to the provisions of this article, Federal or State
pretreatment requirements, or any other orders of the City, the City Attorney may commence an
action for appropriate legal and/or equitable relief in the City municipal court, or the appropriate
state court.
a) Injunctive Relief. When the City finds that a User has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit,or order issued hereunder, or any
other pretreatment standard or Federal or State requirement, the City through the City
Attorney may commence an action for the issuance of a temporary or permanent injunction,
as appropriate, in Municipal court or the appropriate State court,which restrains or compels
the specific performance of the wastewater discharge permit, order, or other requirement
imposed by this ordinance on activities of the User. The City may also seek such other action
as is appropriate for legal and/or equitable relief, including a requirement for the User to
conduct environmental remediation_ A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a User.
b) Fraud and False Statements: Any reports or other documents required to be submitted or
maintained under this ordinance of user permits shall be subject to-
(i) The provisions of 18 U.S.0 Section 1001 relating to fraud and false
statements;
(ii) The provisions of Sections 309(c)(4)of the Act, as amended,governing false
statements, representation or certification; and
(iii)The provisions of Section 309(c)(6)regarding responsible corporate officers
Section 28-104. Fees and Surcharges.
1) Industrial Wastewater Discharge Permits: For each industrial wastewater discharge permit or
non-hazardous waste hauler permit issued pursuant to this article each User shall pay a fee as
established by the City Manager for the duration of the said permit. Permits may remain in full
force for a period of three(3)years from the date of issuance,unless sooner revoked,and shall be
non-transferable.
2) Monitoring Fees: Each Significant User for which the City has reporting requirements under EPA
National Categorical Pretreatment Standards or its TPDES Permit shall compensate the City for
the cost of sampling and laboratory service required for monitoring discharges. The director shall
determine the number of samples and the frequency of sampling necessary to comply with the
reporting requirements.
3) Monitoring Fees Associated with Compliance Schedules: Any Industrial User placed on a
:compliance schedule will pay for associated sampling and analytical services to monitor return to
26
compliance.
4) User Surcharge: Users discharging industrial wastewater which exhibit none ofthe characteristics
of waste prohibited herein other than excessive oxygen demand and suspended solids,but having
a concentration in excess of normal sewage as defined in Section 28-100 as normal domestic
wastewater may be accepted for treatment if the User agrees to a surcharge over and above the
regular sewer rates as established by the City. The method for computing the surcharge shall be
based on the following formula:
Oxygen Demand Surcharge (BOD or COD)
Co= [Bc (AB)] Vu or Co= [Cc (AC)] Vu
Total Suspended Solids Surcharge(TSS)
Cs= [Sc(AS)] Vu
Total Surcharge
Ct= Co+Cs+
Where: Co= Surcharge for excessive BOD or COD, whichever is higher.
Cs= Surcharge for excessive total suspended solids.
Ct=Total surcharge.
Bc=BOD cost per milligram per liter per million gallons.
Cc=COD cost per milligram per liter per million gallons.
Sc--Total Suspended Solids cost per milligram per liter per million gallons.
AB=User BOD -Normal BOD=(BOD-250).
Ac=User COD -Normal COD=(COD-550).
AS=User TSS -Normal TSS=(TSS-300).
Vu=Volume from User per month in million gallons(MG).
Surcharges for BOD,COD, and TSS shall be as established under Article 3,Section 28-51(a).
Water and Sewer Regulations Generally.
The combined totals of the Oxygen Demand and Suspended Solids surcharges shall equal the
27
Total Surcharge to be billed. The basis for determining the surcharges shall be reviewed as
deemed necessary by the director and shall be adjusted to reflect any change in wastewater
treatment cost.
Determination of the average concentration of strength of the User's waste shall be made by
the City based on tests conducted on representative samples collected by the City at least
once each year. However,the User may request in writing that parallel sampling and tests at
all times be made by the User and the City, in which case the surcharge may be made,
assuming City approval of the User's test methods, using the average of comparable values
obtained by the User and the City.
Section 28-105. Power and Authority of Enforcing Agents.
The director and other duly authorized employees of the City bearing proper credentials and
identification shall be permitted to enter upon all properties whenever necessary to conduct an
inspection or to enforce any of the provisions of this article. The director or his authorized
representative may enter all properties at all reasonable times to inspect the same or to
perform any duty imposed upon the City by this article. If such entry is refused, or if no
owner or other person having charge or control of the property can be located,the director or
his authorized representative shall have recourse to every remedy provided by law to secure
entry.
Section 28-106. Penalties: Costs.
1. Civil Penalties: Any person who is found to have violated an order of the City Council or
failed to comply with provisions of this article, and the orders,rules,regulations and permits
issued hereunder, shall be guilty of a misdemeanor, and, upon conviction thereof] shall be
punished by a fine not to exceed two thousand dollars ($2,000) as prescribed by state law.
Each day in which any such violation shall continue shall be deemed a separate offense.
(a) In addition to the penalties provided herein,the City may recover reasonable
attorneys' fees, court costs, court reporter's fees and other expenses of
litigation, and any other expense, loss or damage occasioned by the City by
reason of such violation,by appropriate suit at law against the person found to
have violated this article or the orders, rules, regulations, and permits issued
hereunder.
(b) The Director may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the City.
(c) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
2. Any person who knowingly makes any false statements, representation or certification in any
28
application,record,report,plan or other document filed or required to be maintained pursuant
to this article,or who falsifies,tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by a fine not to exceed two thousand($2,000)dollars as
prescribed by State law.
3. Administrative Fines: When the City finds that a User has violated or continues to violate any
provision of this ordinance, an indirect discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the City may fine such User in an amount of
$1,000 per day per violation. In the case of monthly or other long-term average discharge
limits, fines may be assessed for each day during the period of violation. Issuance of an
administrative fine shall not be a bar against, or a prerequisite for, taking any other action
against the User.
4. Criminal Prosecution: A User who willfully or negligently violates any provision of this
ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine or imprisonment, or both.
Section 2.
All other articles,ordinances,and parts of other articles or ordinances inconsistent or
conflicting with any part of this article are hereby repealed to the extent of such inconsistency or
conflict.
Section 3.
If any provisions,paragraph,work,or section of this article is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full
force and effect.
Passed by the City Council this the_day of , 20 .
-Mayor-
29
WORK SESSION
* Discuss election procedures, terms and possible
Charter amendments
* Discuss proposed changes to the Code of
Ordinances relating to Junk Motor Vehicles, Weed
Control and Litter Control
Alternatives available to remove staggered terms for the city Council
All alternatives assume a Charter Change that passes in 2004 which is the earliest that such an
election can take place.
1. Change which says that in election in 2005 Ward council members would be elected for a one
year term and thereafter the term of office of all council members would be for years.
2.Change which says than in election in 2005 Ward council members would continue to be
elected to two year terms and At-large council members and the Mayor would be elected to a 1
year term. Thereafter the term of office of all council members would be for_years.
3. Change which says that in election in 2005 Ward council members would be elected to 3 year
terms and in 2006 At-large council members and the Mayor would be elected to a 2 year term.
Thereafter the term of office of all council members would be for___years.
4. Change which says that in election in 2005 Ward Council members would be elected to a 4
year term and in 2006 At-large council members and the Mayor would be elected to a 3 year
term. Thereafter the term of office of all council members would be for_years.
INTER-OFFICE MEMORANDUM
c CITY OF BEAUMONT, TEXAS
March 11, 2003
TO: Kyle Hayes, City Manager
FROM: John Labrie, Clean Community Director
SUBJECT: Council Workshop to Discuss Proposed Ordinance Amendments
COMMENTS:
I am requesting a workshop with the City Council to discuss proposed amendments to City
Ordinances contained in Chapter 13 of the Code of Ordinances, titled"Health and Sanitation."
Chapter 13 relates to "Nuisances." We are proposing changes related to:
1. Junk Motor Vehicles (JMV)
2. Weed Control
3. Litter Control
We are also proposing to divide Chapter 13 to Group Ordinances by the two (2) City
Departments that are responsible for enforcement. Chapter 13 contains Health Department and
Clean Community Department Ordinances. The grouping only consist of Renumbering
Ordinances. Attached is a schedule showing the numbering changes.
The purpose of the proposed amendments is to:
I. Incorporate new Provisions of State Law to enhance voluntary compliance.
2. Allow the City to be more efficient in the inspection, enforcement, and abatement
processes related to nuisances.
The major proposed change addresses the frequency of required legal notifications. State Law
now provides for one notice per twelve (12)month period for repeat violators of litter,junk
motor vehicle, and weed ordinances. A full explanation of the changes will be presented to the
City Council at the workshop.
The objectives of the proposed amendments relate to efficiency more than monetary savings.
Code Enforcement Officers will have more time to perform inspections and work more directly
with citizens to achieve voluntary compliance of ordinances resulting in a cleaner and safer city.
Most violation notices issued involve repeat offenders. Data is presented below for the period
January 1, 2002 to December 31, 2002:
Kyle Hayes, City Manager
Page Two
March 11, 2003
Violation Notices Issued % Repeat Offenders
Weeds 6329 60%
Litter 1452 50%
JMV's 2878 60%
Once a year notification will eliminate the need for multiple inspections, reduce the time required
by Code Enforcement Officers to prepare documents, and reduce clerical time required to mail
and track violation notices. There will also be minor reductions in mailing cost.
The Council Workshop will provide an opportunity for us to inform Council of the proposed
amendment and obtain their input prior to requesting formal Council action as an agenda item.
The City Attorney has reviewed the proposed amendments and he did not express any concerns.
Attached is supporting information. If you have questions or need additional information,please
notify me.
John Labrie
Clean Community Director
JL:jr
attchs:
constitute in evidence a rebuttable presumption that the defendant was the person who
violated section 13-70 or 13-71.
Section 6.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 7.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 8.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
, 2003.
- Mayor Evelyn M. Lord -
Page 4 G:\LANE\LITTER.WPD
REVISED WEED ORDINANCE
SECTION OLD ORDINANCE NEW ORDINANCE
13-50 ( c)
13-50 ( c) Upon conviction fine was Upon conviction $100.00 with maximum of
$50.00 min. with a max. of $500.00
$500.00.
This comes in to play if the
property is not accessible and
charges are filed. Municipal
court judge assesses fines.
REASON FOR PROPOSED CHANGE
Fines have not been increased since 1992
SECTION OLD ORDINANCE NEW ORDINANCE
13-50 (d)
13-50 (d) Second conviction $100.00 Second conviction $200.00
(Charges filed a second time)
REASON FOR PROPOSED CHANGE
Fines have not been increased since 1992
SECTION OLD ORDINANCE NEW ORDINANCE
13-51 (b) ( c)
13-51 States that the designated Added new outline and new information on
enforcement officer will enforce how the owner will be notified, what happens
the terms and conditions of this if violation occurs again, what happens if City
article. (Only stated information is not notified of owner change and how to
on enforcement) notify City. Added new outline and changed
amount of time to abate and also how
notification was sent. The state law will allow
the City to issue one notice in a twelve month
period. New title added.
REASON FOR PROPOSED CHANGE
New outline for easier reading and understanding. New information is updated from state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-52 (a) (b) ( c) (d)
13-52 Was 10 days to remove weeds 7 days to remove weeds, notify by certified
and notifying by regular mail or mail, or published at least once. What will
published twice. happen if not brought into compliance.
REASON FOR PROPOSED CHANGE
New outline for easier reading and understanding. New information is update from state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-53 (a) (1 thru 11)
13-53 Fail to remove or cut weeds 7 days, added outline and added #4
within 10 days. Had no outline
and#4 did not exist.
REASON FOR PROPOSED CHANGE
New outline for easier reading and understanding. New information is update from state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-54 (a) (b) (c 1 thru 4) (d)thru (g)
13-54 This section did not exist. New references of state law
REASON FOR PROPOSED CHANGE
New outline for easier reading and understanding. New information is update from state law.
OLD ORDINANCE NEW ORDINANCE
REFERENCE WAS VERNON'S TEXAS REFERENCE IS HEALTH AND SAFETY
CIVIL STATUTES CODE, TEXAS PENAL CODE AND
LOCAL GOVERNMENT CODE
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE
REGULATIONS CONCERNING WEED CONTROL BY
AMENDING NOTICE AND ENFORCEMENT
REQUIREMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 13, Sections 13-50(c) and 13-50(d) be and the same are hereby
amended to read as follows:
ARTICLE IV. WEED CONTROL
Sec. 13-50. Permitting growth of weeds on lots or premises.
(c) If it be shown that a person, firm, or corporation has violated this section, the
defendant, upon conviction, shall be punished by a fine of not less than one hundred
dollars ($100.00) nor more than the maximum fine of five hundred dollars ($500.00)
prescribed by section 1-8 of this Code for each offense. Section 1-8 states that it shall be
unlawful for any person to violate or fail to comply with any provision of this Code. Where
no specific penalty is provided therefor, the violation of any provision of this Code shall be
punished by a fine.
(d) Upon a second conviction for a violation on the same property, the defendant
shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than
the maximum fine prescribed by Section 1-8 of this Code for each offense.
Section 2.
That Chapter 13, Section 13-51 of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 13-51. Enforcement and notice.
(a) The designated enforcement officer shall enforce the terms and conditions
of this article.
Page 1
G:\LAN E\WEEDORD2.WPD
(b) If the owner commits another violation by allowing weeds, grass or
uncultivated plants to exist on the property in violation of this Article, within twelve months
after the date of the notice provided for herein, the city without further notice may correct
the violation at the owner's expense and assess the expense against the property.
(c) If a violation covered by a notice under this subsection occurs within a twelve
month period, and the city has not been informed in writing by the owner of a change in
ownership then the city without notice may take any action permitted by Section 13-52.
Section 3.
That Chapter 13, Section 13-52 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
Sec. 13-52. Notice to remove.
(a) It shall be the duty of the enforcement officerto notify the owner and/or agent
of any premises within the city not dedicated to an agricultural use which is in violation of
Section 13-50 to remove such weeds within seven (7)days afer such notice shall be made
as provided in this Article..
(b) If the owner of property does not bring the property into compliance with this
Article within seven (7) days after notice of a violation, the city may do the work or make
the improvements required, pay for the work done or improvements made and charge the
expenses to the owner of the property.
(c) The notice required under this section shall be in writing and may be served
on the owner or agent by;
(1) handing it to him or her in person;
(2) by certified mail addressed to the owner at the owner's address as recorded
in the Jefferson County Appraisal District records;
(3) or if personal service cannot be obtained, by publication at least once in the
city's greatest circulated newspaper.
(d) If the city mails a notice to a property owner in accordance with this section,
and the United States Postal Service returns the notice as "refused" or "unclaimed", the
validity of the notice is not affected, and the notice is considered as delivered.
Section 4.
Page 2
G:\LANE\WEEDORD2.WPD
That Chapter 13, Section 13-53 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
Sec. 13-53. Right of the city to cut weeds, assessment of costs.
(a) Should the owner of any lot or premises upon which weeds, grass, or
uncultivated plants have been permitted to grow in violation of this article fail or refuse to
cut or remove such weeds, grass or uncultivated plants within seven (7) days after notice,
as provided in section 13-52;
(1) The enforcement officer is hereby authorized to cause such weeds, grass or
uncultivated plants to be cut and removed at the expense of the city, and to
assess the expenses thereof to the owner, as shown on the tax roll of the
real estate or lot upon which such expense is incurred.
(2) The fee for cutting shall be billed to the owner of the premises at the rate of
one cent ($0.01) per square foot, not less than twenty-five dollars ($25.00),
plus an administrative fee of fifty dollars ($50.00) to cover all administrative
costs.
(3) A statement of expenses which includes administrative fees, incurred by the
city for the cutting and removal of weeds, grass or uncultivated plants cut in
accordance with this section shall be mailed to the property owner shown on
the tax roll at the time of service. This statement of expenses shall, in
addition to stating the amount of such expense, provide the date upon which
such work was done and a description of the lot or premises upon which
such work was done.
(4) Payment is due and is considered delinquent if not received within thirty(30)
days of the date on the statement of account from the City
(5) If payment is not made within ninety(90)days of such delinquency, the city's
authorized agent is hereby authorized to add a lien assessment fee of fifty
dollars ($50.00) to the statement of expenses incurred by the city in the
cutting and removal of weeds, grass or uncultivated plants under this section
and to file said statement of expenses as a lien at the Jefferson county
clerk's office against the premises which are in violation of this article.
(6) The lien obtained by the city is security for the expenditures made and
interest shall accrue at the rate of 10 percent annually on the unpaid balance
due from the date of payment by the city.
Page 3
G:\LANE\WEEDORD2.WPD
(7) The city shall have a privileged lien upon such lot or real estate upon which
such work was done or improvements made to secure the expenditure so
made, in accordance with provision of Health & Safety Code, Section
342.007, which lien shall be second only to tax liens and liens for street
improvements.
(8) The city may bring a suit for foreclosure in the name of the city to recover the
expenditures and interest due.
(9) The statement of expenses or a certified copy of the statement is prima facie
proof of the expenses incurred by the city in doing the work or making the
improvements and of proper notices as required by this Article.
(10) The remedy provided by this section is in addition to the remedy provided by
Section 342.005 of the Health & Safety Code.
(11) The governing body of a city may foreclose a lien on property under this
section in a proceeding relating to the property brought under Chapter 32,
Tax Code.
Section 5.
That Chapter 13 of the Code of Ordinances of the City of Beaumont be and the
same is hereby amended to add a new Section 13-54 to read as follows:
Sec. 13-54. Additional Authority to Abate Dangerous Weeds.
(a) The city may abate, without notice, weeds that have grown higher than 48
inches and are an immediate danger to the health, life, or safety of any person.
(b) Not later than the 10th day after the date the city abates weeds under this
section, the city shall give notice to the property owner in the manner required by Section
342.006 of the Health & Safety Code.
(c) The notice shall contain:
(1) identification, which is not required to be a legal description, of the property;
(2) a description of the violations of the ordinance that occurred on the property;
(3) a statement that the city abated the weeds; and
(4) an explanation of the property owner's right to request an administrative
hearing related to the city's abatement of the weeds.
Page 4
GALANE\WEED0RD2.WPD
(d) The Clean Community Department Director or his designee shall conduct an
administrative hearing on the abatement of weeds under this section if the property owner
files with the city a written request for a hearing within thirty (30) days of the date of the
notice required under this section.
(e) An administrative hearing conducted under this section shall be conducted
not later than the 20th day after the date a request for a hearing is filed. The owner may
testify or present any witnesses or written information relating to the city's abatement of the
weeds.
(f) The city may assess expenses and create liens under this section as it
assesses expenses and creates liens under section 342.007 of the Health &Safety. A lien
created under this section is subject to the same conditions as a lien created under Section
342.007 of the Health & Safety Code.
(g) The authority granted a city by this section is in addition to the authority
granted by Health & Safety Code, Section 342.006.
Section 6.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 7.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 8.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
Page 5
G:\LANEXWEEDORD2.WPD
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
, 2003.
- Mayor Evelyn M. Lord -
Page 6
G:\LAN E\WEEDORD2.WPD
REVISED JUNK MOTOR VEHICLE ORDINANCE
SECTION OLD ORDINANCE NEW ORDINANCE
13-56 (a)
13-15 (a) Referenced the Vernon's Texas The transportation code subchapter E Section
Civil Statutes Article 6701d-11, 683.071, as amended, that:
Section 1
REASON FOR PROPOSED CHANGE
Update in City code to simplify reference to state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-56 (l)
13-15 (a) (1) Old definition of JMV (1) Is a vehicle that is self-propelled and does
(1) referred to as inoperative. not have lawfully attached to it both an
Divided the paragraph and unexpired licence plate and a valid motor
made sentence (1) and (2) vehicle inspection certificate;
REASON FOR PROPOSED CHANGE
1,2, was reworded to simplify for better understanding and to coincide with updated state law
and (3)was added to coincide with state law. Ordinance written in outline form for clarity.
SECTION OLD ORDINANCE NEW ORDINANCE
13-56 (2) (3)
(2) (2) continuous period of more (2) and is wrecked, dismantled or partially
than forty-five (45) days on dismantled or discarded; or inoperable and has
private property. Changed this remained inoperable for more than 72
to sentence (3) which was consecutive hours, if the vehicle is on public
added to reference in new state property; or
law.
(3) Did not exist. (3) 30 consecutive days, if the vehicle is on
private property.
REASON FOR PROPOSED CHANGE
New outline for easier reading and understanding. New information is updated from state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-56 (b)
13-15 (a) Definition of antique vehicle: Is at least twenty-five (25)years old.
Car or truck that is at least
thirty-five (3 5) years old.
REASON FOR PROPOSED CHANGE
Updated state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-57
13-15 (b) A junked vehicle that is located including a part of a junked vehicle (was
in a place where it is visible added)
from a public place or public
right-of-way.
REASON FOR PROPOSED CHANGE
Updated state law.
SECTION OLD"ORDINANCE NEW ORDINANCE
13-58 (4)
13-15 ( c ) Appeal was made in person or Appeal will be made the same way, but it will
(4) writing to municipal clerk. be made to the Clean Community Director or
his designee. Time period and requirement
for appeal.
REASON FOR PROPOSED CHANGE
At this point the junked motor vehicle has not been removed and it is not necessary to have a
hearing in municipal court. This will allow a hearing at a lower level which can possibly bring a
faster compliance.
SECTION OLD ORDINANCE NEW ORDINANCE
13-58 (b)
13-15 ( c) A date not less than ten (10) Abatement of the nuisance shall be continued
2nd par. days after the date of the return to a date not earlier than the (1 lth) day after
of the certified mail receipt. the date of the return of the certified mail
Statement made for the removal receipt.
and abatement of the public
nuisance.
REASON FOR PROPOSED CHANGE
Updated state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-58 ( c)
13-15 ( c) Paragraph did not exist. The procedures shall provide that the
3rd par. relocation of a junked vehicle that is a public
nuisance to another location in the same city
after a proceeding for the abatement and the
removal of the public nuisance has
commenced has no effect on the proceeding if
the junked vehicle constitutes a public
nuisance at the new location.
REASON FOR PROPOSED CHANGE
Updated state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-58 (d)
13-15 ( c) Paragraph did not exist. If the property owner or occupant commits
4th par. another violation of the same kind or nature at
the same location that poses a danger to the
public health and safety within a twelve month
period from the date of notice, the City,
without further notice, may correct the
violation at the owner's expense and assess
the expense against the property. If a
violation covered by this subsection occurs
within the twelve month period, and the City
has not been informed in writing by the owner
of an ownership change; then the City,
without further notice, may take any action as
provided by subsections (a) (1) and (2) and
assess its expenses as provided by Section
342.007 of the Health and Safety Code.
REASON FOR PROPOSED CHANGE
Updated state law. This will also help with residential property that frequently is in violation of
the ordinance because of auto repair. This is an on-going problem and is also a violation of the
zoning ordinances. The Clean Community Department will work with the Zoning Department
on this issue.
SECTION OLD ORDINANCE NEW ORDINANCE
13-61
13-15 (5) Added title. Vehicle Storage Facility- Issuance of License
REASON FOR PROPOSED CHANGE
Better format for easier reading and understanding and to coincide with updated state law.
SECTION OLD ORDINANCE NEW ORDINANCE
13-62 (a) (5) (6)
13-15 (6) Did not provide time frame for If a vehicle storage license is revoked, the
(e) abatement if vehicle storage owner and/or occupant of the vehicle storage
permit is revoked. facility has sixty(60) days to remove and/or
abate all junked vehicles, including parts of a
junked vehicle.
REASON FOR PROPOSED CHANGE
Added for stricter enforcement to achieve faster compliance and to coincide with state law.
OLD ORDINANCE NEW ORDINANCE
REFERENCE WAS VERNON'S TEXAS STATE LAW REFERENCES:
CIVIL STATUTES TRANSPORTATION CODE, TITLE 7,
CHAPTER 683, SUBCHAPTER E,
JUNKED VEHICLES; PUBLIC
NUISANCE, ABATEMENT (VEHICLE &
TRAFFIC)
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING REGULATIONS
CONCERNING JUNKED MOTOR VEHICLES IN THE CITY
OF BEAUMONT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 13, Section 13-15 of the Code Of Ordinances of the City of Beaumont,
be and the same is hereby repealed and a new Article V is hereby enacted to read as
follows:
ARTICLE V. JUNKED MOTOR VEHICLES
Sec. 13-56. Definitions.
When not inconsistent with the context, words used in the present tense shall
include the future;words used in the plural number include the singular number; and words
used in the singular number include the plural number. The word "shall' is always
mandatory and not merely directory.
(a) Junked motor vehicle means any motor vehicle as defined in the
Transportation Code Subchapter E Section 683.071, as amended, that:
(1) Is a vehicle that is self-propelled and does not have lawfully attached to it
both an unexpired license plate and a valid motor vehicle inspection
certificate;
(2) and is wrecked, dismantled or partially dismantled, or discarded; or
inoperable and has remained inoperable for more than 72 consecutive
hours, if the vehicle is on public property; or
(3) remains inoperable for 30 consecutive days, if the vehicle is on private
property.
(b) Antique auto means a passenger car or truck that is at least 25 years old.
Page 1 GALANBSEC.13-15.JUNKED MOTOR VEHICLES.WPD
(c) Special interest vehicle means a motor vehicle of any age which has not
been altered or modified from original manufacture's specifications and, because of its
historic interest, is being preserved by a hobbyist.
(d) Collector means the owner of one or more antique or special interest vehicles
who collects, purchases, acquires, trades, or disposes of special interest or antique
vehicles or parts of them for personal use in order to restore, preserve, and maintain an
antique or special interest vehicle for historic interest.
Sec. 13-57. Declared a public nuisance.
A junked vehicle, including a part of a junked vehicle, that is located in a place
where it is visible from a public place or public right-of-way, is detrimental to the safety and
welfare of the general public, tends to reduce the value of private property, invites
vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the
health and safety of minors, and is detrimental to the economic welfare of the state by
producing urban blight adverse to the maintenance and continuing development of the
municipalities in the state, and is a public nuisance. This section shall not apply with regard
to:
(a) A vehicle or part thereof which is completely enclosed within a building in a
lawful manner where it is not visible from the street or other public or private property;
(b) A vehicle or part thereof which is stored or parked in a lawful manner on
private property in connection with a business of a licensed vehicle dealer or a licensed
junkyard; or
(c) Unlicenced, operable or inoperable antique and special interest vehicles
stored by a collector on his property, provided that the vehicles and the outdoor storage
areas are maintained in such a manner that they do not constitute a health hazard and are
screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery,
or other appropriate means.
Sec. 13-58. Notice.
(a) For abatement and removal of a public nuisance from private property, public
property or public right-of-way within the city, the city manager or his designee shall send
notice to the owner of the junked motor vehicle and the owner or occupant of the premises
where the nuisance exists if on private property, or the owner or occupant of the premises
adjacent to the public right-of-way on which the nuisance exists. The notice shall state the
following:
(1) The nature of public nuisance;
(2) That it must be removed and abated within ten (10) days;
Page 2
G:\LANE\SEC.13-15.JUNKED MOTOR VEHICLES.WPD
(3) That if a hearing is desired, before the removal of that vehicle or vehicle part,
a request for such hearing shall be made before expiration of the ten-day
period; and
(4) That the owner shall request, either in person or in writing, to the Clean
Community Director or his Designee to set a date and time of hearing.
(b) The notice must be mailed, by certified mail with a five-day return requested,
to the last known registered owner of the junked motor vehicle, any lien holder of record,and
the owner or occupant of the private property,public property,or public right-of-way on which
the public nuisance exists. If any notice is returned undelivered by the United States Post
Office, official action to abate the nuisance shall be continued to a date not earlier than the
(11 t') day after the date of the return.
(c) The procedures shall provide that the relocation of a junked vehicle that is a
public nuisance to another location in the same city or county after a proceeding for the
abatement and the removal of the public nuisance has commenced has no effect on the
proceeding if the junked vehicle constitutes a public nuisance at the new location.
(d) If the property owner or occupant commits another violation of the same kind
or nature that poses a danger to the public health and safety within a twelve month period
from the date of the notice, the city without further notice may correct the violation at the
owner's expense and assess the expense against the property. If a violation covered by a
notice under this subsection occurs within a twelve month period, and the city has not been
informed in writing by the owner of an ownership change, then the city without notice may
take any action as provided by Subsections a) (1) and (2) and assess its expenses as
provided by Section 342.007 of the Health and Safety Code.
See. 13-59. Hearing.
(a) Hearing. If a hearing is requested it shall be held not earlier than the eleventh
(11th) day after the date of the service of notice, a public hearing must be held before the
vehicle or vehicle part is removed. The hearing shall be held before the municipal magistrate
as provided herein.
(b) Determination; abatement. The municipal magistrate shall conduct hearings
brought before said court, as set out herein, and shall determine whether the defendant is in
violation of this section. Upon a finding that said defendant is in violation of this section, said
defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with
the penalty provision hereinafter set forth in Beaumont Code of Ordinances,section 1-8.The
magistrate shall further order such defendant to remove and abate said nuisance within ten
(10)days, the same being a reasonable time.If the defendant shall fail and refuse,within said
ten (10) days, to abate or remove the nuisance, the magistrate may issue an order directing
the city manager or his designee to have the same removed, and the city manager or his
designee shall take possession of said junked
motor vehicle and remove it from the premises. The city manager or his designee shall
thereafter dispose of said junked motor vehicle in such manner as required aby law.
(c) Compliance. If, within ten (10) days after receipt of notice from the city
manager or his designee, to abate the nuisance, as herein provided, the owner of the
junked motor vehicle or owner or occupant of the premises shall give his written permission
to the city manager or his designee for removal of the junked motor vehicle from the
premises,the giving of such permission shall be considered compliance with the provisions
of this section.
(d) Failure to comply; filing a complaint. If a hearing is not requested within the
ten-day period provided by subsection(c) and the nuisance is not removed and abated by
the persons notified, the city shall request of the magistrate an order directing the city
manager or his designee to have the same removed, and the city manager or his designee
shall take possession of said junked motor vehicle and remove it from the premises. The
city manager or his designee shall,thereafter,dispose of said junked motor vehicle in such
manner as required by law.
(e) Removal when owner unknown. If there is a junked motor vehicle, as herein
defined, on any premises, and neither the owner of the premises nor the owner of said
vehicle can be found and notified to remove same, then, upon a showing of such facts to
the municipal magistrate, the court may issue an order directing the city manager or his
designee to have the same removed, and the city manager or his designee shall take
possession of said junked motor vehicle and remove it from the premises. The order
requiring the removal of a vehicle or vehicle part must include a description of the vehicle
and correct identification number and license number if the information is available at the
site.The city manager or his designee shall thereafter dispose of said junked motor vehicle
in such manner as required by law.
(f) Notice to state highway department. Within five (5) days after the date of
removal of any vehicle under this section, notice shall be given to the Texas Highway
Department. Said notice must identify the vehicle or vehicle part thereof removed.
(g) Reconstruction afterremoval. After a vehicle has been removed, it shall not
be reconstructed or made operable.
(h) Administration of section. This section will be administered by regularly
salaried full-time employees of the city, except that the removal of vehicles or parts thereof
from property may be by any other duly authorized person.
Sec. 13-60. Regulation of storage of certain motor vehicles.
The owner of a junk motor vehicle which is exempt from the application of section
13-15 by section 13-15(b)(2) shall be required to comply with the licensing and other
Page 4 GALANBSEC.13-15.JUNKED MOTOR VEHICLES.WPD
requirements of this subsection. The word "person", as used herein, shall mean any
person, firm, partnership, association, corporation, company, or organization of any kind.
(a) It shall be unlawful for any person to keep junk motor vehicles which are
exempt under 13-15(b)(2) without first having obtained a license for each such location
from the city manager or his designee in accordance with the provisions of this subsection.
(b) An applicant for a license under this ordinance shall file with the city
manager or his designee a written application provided by city and signed by the applicant.
(c) All licenses shall be permanent unless revoked as provided herein. A
one-time license fee of ten dollars ($10.00) shall be submitted with the application to city.
No fee will be required of an applicant which is exempt from ad valorem taxation as an
institution of purely public charity.
(d) A license issued hereunder shall be automatically void if the licensee does
not operate the licensed business for a continuous period of two (2) years.
Sec. 13-61. Vehicle Storage Facility—Issuance of license
(a) The license issued pursuant to this ordinance shall be plainly displayed on
the business premises.
(b) The business premises, together with all things kept therein shall at all times
be maintained in a sanitary condition.
(c) No space not covered by the license shall be used in the licensed business.
(d) No water shall be allowed to stand in any place on the premises in such
manner as to afford a breeding place for mosquitos.
(e) Weeds and other uncultivated growth on the premises, other than trees,
shrubs and bushes shall be kept at a height of not more than twelve (12) inches.
(f) No property of the licensee shall be allowed to rest on or protrude over any
public street or right-of-way, walkway or curb, or become scattered or blown off the
business premises.
(g) The property of the licensee shall be arranged so as to permit easy access
for firefighting purposes.
(h) No combustible material of any kind not necessary or beneficial to the
licensed business shall be kept on the premises; nor shall the premises be allowed to
become a fire hazard.
Page 5 G:\LANE\SEC.13-15.JUNKED MOTOR VEHICLES.WPD
(i) The area of the premises where junk motor vehicles exempted under section
13-15(b)(2) are kept which is visible from a public right-of-way and which fronts on a public
right-of-way shall be screened with an eight-foot opaque vertical masonry wall or
woodboard fence unless there is existing at the time this ordinance is passed, a fence of
any type which is made opaque within sixty(60)days of the date of this ordinance.A chain
link fence with slats in each link will be considered to be opaque for purposes of this
section. Every twenty-five (25) feet along the wall or fence a tree shall be planted and
maintained. The trees shall be at least two (2) inches in caliber and six (6) feet in height
or greater at planting and shall be within ten (10) feet of the wall or fence. Construction
shall be in accordance with the standards as approved by the building official of the City
of Beaumont. Such fences and walls shall be maintained in good repair and shall be kept
vertical, uniform and structurally sound. No fence shall be required should a one
hundred-foot buffer exist between all public rights-of-way and storage of junk so long as
the trees required herein are planted, existing and maintained.
(j) The licensee shall permit inspection of the business premises by the city
manager or his duly authorized agent at any reasonable time.
Sec. 13-62. Notice of Revocation.
(a) The city manager or his designee, prior to revocation of any license issued
hereunder shall give written notice to the holder of said license. Such notice shall contain
the reason for the proposed revocation, and provide that the revocation shall be effective
fifteen (15) days after notice unless an appeal is filed. The following shall constitute
grounds for revocation of the license issued hereunder:
(1) The licensee has violated any provision of this section.
(2) The licensee has obtained his license through fraud, misrepresentation or
misstatement.
(3) The licensed business or activity is being conducted in a manner detrimental
to the health, safety, or general welfare of the public, or is a nuisance, or is
being operated or carried on in any unlawful manner.
(4) The licensed business or activity is no longer being operated on this licensed
premises.
(5) If a license is revoked the owner and/or occupant of the vehicle storage
facility has sixty (60) days to remove or abate all Junked vehicles, including
parts of a junked vehicle.
(6) If the owner or occupant of the vehicle storage yard fails or refuses to
remove all junked vehicles and parts of a junked vehicle within the sixty(60)
day period, the city may file charges with municipal court and may clean the
Page 6
G:\LANE\SEC.13-15.JUNKED MOTOR VEHICLES.WPD
property and charge the expense thereof to the person who had a license on
the property.
(b) Appeal of the revocation or refusal to grant a license hereunder shall be
made in writing to the city manager within fifteen (15) days after notice of revocation or
refusal to grant or renew a permit. The city shall appoint a hearing officer to hear said
appeal if such request was timely. Revocation shall be suspended pending hearing by the
hearing officer and such hearing shall be held within thirty (30) days of the date of receipt
of the request for hearing. The substantial evidence rule shall apply, and the decision of
the hearing officer shall be final.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
, 2003.
- Mayor Evelyn M. Lord -
Page 7 GALANE\SEC.13-15.JUNKED MOTOR VEHICLES.WPD
A
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 18, 2003 1:30 P.M.
CONSENT AGENDA
Approval of minutes
Confirmation of committee appointments
Levoris Roy would be appointed to the Drug Free Beaumont Commission. The term would
commence March 18, 2003 and expire March 17, 2005. (Councilmember Lulu Smith)
Bill Matthews would be reappointed to the Airport Advisory Committee. The current term would
expire February 20, 2005. (Councilmember Lulu Smith)
Alberta Jones would be reappointed to the Convention and Tourism Advisory Committee. The
current term would expire February 5, 2005. (Councilmember Bobbie J. Patterson)
Mel Wright would be reappointed as Chairman of the Convention and Tourism Advisory
Committee. The current term would expire February 2004. (Mayor Evelyn M. Lord)
A) Approve the purchase of microphones and audio transmitters for the Police Department's in-
car video camera surveillance systems
B) Approve a resolution authorizing the City Manager to execute an Inter-local Agreement with
Jefferson County for the installation of water mains at the Southeast Texas Entertainment
Complex
C) Approve the execution of a License to Encroach Agreement with Neches Street
Properties, L.L.C., through their agent Apollo Environmental Strategies, Inc., on the
City's Park and Milam Street rights-of-way for the installation of three (3) groundwater
monitoring wells
D) Approve the settlement of the lawsuit styled David Leaven v City of Beaumont
A
V^W
P.. City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: March 4, 2003
REQUESTED ACTION: Council consideration of the purchase of microphones and audio
transmitters for the Police Department's in-car video camera
surveillance systems.
RECOMMENDATION
Administration recommends the purchase of microphones and audio transmitters for forty-five (45)
video camera surveillance systems by Mobile-Vision, Inc. in the amount of$30,075.
BACKGROUND
The Police Department has been awarded forty-five (45) basic video camera surveillance systems
by the Texas Department of Public Safety at no charge to the City. The systems are manufactured
by Mobile-Vision, Inc. of Boonton, New Jersey. Mobile-Vision was awarded a contract on behalf
of the Texas Department of Public Safety by the State Council on Competitive Government in
accordance with state bidding statutes to provide police in-car video surveillance equipment and
accessories.
The basic Mobile-Vision systems require additional microphones and audio transmitters in order
to match the functionality of the City's current video surveillance equipment, and in order to be
compliant with the Police Department's current operating procedures concerning video surveillance
equipment. Each of the forty-five (45) basic camera systems will require a digital microphone
system and a back seat microphone for the patrol vehicles. Each basic camera system includes an
audio transmitter that is worn by an officer. In order to issue an audio transmitter to each of the
City's 130 patrol officers, an additional eighty-five (85) audio transmitters is required. The
additional equipment can be purchased from Mobile-Vision through the state contract as follows:
Police Surveillance Equipment
March 4, 2003
Page 2
UPGRADE QTY• PRICE.
!EACH TOTAL PRICE
VoiceLink Plus Digital Microphone System 45 $265 $11,925
Covert Back Seat Microphones 45 $ 35 $ 1,575
Additional Audio Transmitters 85 $195 $16,575
TOTAL • $30,075
The City Council has previously approved purchases of video surveillance equipment beginning
in 1994. Trunk mounted video camera systems are currently installed in forty-seven (47) patrol
vehicles. The equipment is used to record all traffic stops and disturbances, and serves as a tool
to enhance officer safety. The video tapes are also used as evidence in court as they provide a fair
and impartial account of an incident. The new systems will be installed in front line patrol vehicles
while the older systems being replaced will be moved to other Police division vehicles.
BUDGETARY IMPACT
Funds are available for the purchase of the microphones and audio transmitter accessories in the
Police Department's Local Law Enforcement Block Grant Fund. Upon City Council approval of
the purchase of these accessories, the City will submit a voucher that is issued by the Texas
Department of Public Safety to Mobile-Vision for the forty-five (45) basic camera systems. The
Texas Department of Public Safety will pay Mobile-Vision$110,250 upon the City's receipt of the
basic camera systems.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Police Chief.
RECOMMENDED MOTION
Approve/Deny the purchase of microphones and audio transmitters for forty-five (45)video camera
surveillance systems by Mobile-Vision, Inc. in the amount of$30,075.
�r City of Beaumont
•r• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: February 27, 2003
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute
an Inter-local Agreement with Jefferson County for the installation of
water mains at the Southeast Texas Entertainment Complex.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute an
Inter-local Agreement with Jefferson County for the installation of water mains at the Southeast
Texas Entertainment Complex.
BACKGROUND
The installation ofapproximately 3,200 feet of water main and related appurtenances identified in this
agreement will primarily serve the festival grounds,barns and the amphitheater at the Southeast Texas
Entertainment Complex. The City has installed several water lines on the perimeter and within the
grounds to serve the facilities currently in operation. Under the terms of the agreement,the County
will prepare the engineering plans and will reimburse the City for the cost of materials. The City will
be responsible for the installation of the water lines.
BUDGETARY IMPACT
City will install water mains with Water Utility employees.
PREVIOUS ACTION
The City has installed a twenty-inch main on the west and north perimeter of the complex and several
eight-inch lines within the complex.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and Water Utilities Manager.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the City Manager to execute an Inter-local Agreement with
Jefferson County for the installation of water mains and related appurtenances at the Southeast
Texas Entertainment Complex.
Inter1oca1AgreeSETEntComp sk.wpd
February 27,2003
THE STATE OF TEXAS
INTERGOVERNMENTAL AGREEMENT
COUNTY OF JEFFERSON
WITNESSETH:
WHEREAS,Jefferson County's ability to install underground utilities
with in-house forces, at times, is exceeded by the workload;
WHEREAS,the City of Beaumont has the ability and capacity to install
underground utilities with in-house forces; and,
WHEREAS, the parties recognize that cooperation between the governmental
agencies will provide better service to the public at reduced expense;
NOW, THEREFORE, the County of Jefferson and the City of Beaumont hereby
agree as follows:
1. The County and City shall jointly participate in the installation of
approximately 3,200 linear feet of 8-inch underground water main and related
appurtenances at the Southeast Texas Entertainment Complex.
2. The County shall be responsible for preparing engineering plans and will
reimburse the City of Beaumont for the cost of the materials necessary to-make the --
installation, as described in the attached Exhibit"A", identified as Pages C1.01, C1.02
and C1.03 of Festival Grounds and Barns Southeast Texas Entertainment Complex.
3. The City shall be responsible for providing the necessary labor, materials
and supervision to construct the waterline as described in the attached Exhibit"A".
4. This agreement shall remain in full force and effect until the water line
construction is complete to the satisfaction of the County and City. After completion of
the line,the City shall assume responsibility for its maintenance.
5. All payments made by either party to this agreement shall be from current
revenues available to the parties. Both parties agree that the compensation to them under
this agreement is fair compensation for the expenditures made in fulfilling the obligations
of this agreement.
6. Neither the County, its agents, employees nor any other person operating
under his agreement shall be deemed an agent or employee of the City, and the City shall
not be liable for the contracts or tortious conduct of any such persons.
7. Neither the City, its agents, employees nor any other person operating
under this agreement shall be deemed an agent or employee of the County, and the
County shall not be liable for the contracts or tortious conduct of any such persons.
EXECUTED on behalf of Jefferson County by its County Judge on the
day of Gc�iL , 2003.
EXECUTED on behalf of the City of Beaumont by its City Manager on the
day of , 2003.
APPROVED: APPROVED:
JEFFERSON COUNTY: CITY OF BEAUMONT:
Carl Griffith, County Judge Kyle Hayes, City Manager
1
ATTEST:
Sandy Walker, County e Susan Henderson, City Clerk
Jefferson County,Texas .City of Beaumont
by her deputy
Debbie Usoff
c
City of Beaumont
'M _30L•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: March 11, 2003
REQUESTED ACTION: Council consider a resolution authorizing the execution of a License
to Encroach Agreement with Neches Street Properties, L.L.C.,
through their agent Apollo Environmental Strategies, Inc., on the
City's Park and Milam Street rights-of-way for the installation ofthree
(3) groundwater monitoring wells.
RECOMMENDATION
The groundwater monitoring wells will be installed by Apollo Environmental Strategies, Inc. The
license will cover the monitoring wells at the following locations:
MW-13 encroaching onto the City's right-of-way, one hundred twenty-six
(126)feet west of the edge of the pavement of Franklin Street and ten(10)feet south
of the edge of pavement of Park Street.
MW-14 encroaching onto the City's right-of-way,twenty(20)feet east ofthe
edge of the pavement of Milam Street and twelve (12) feet south of the edge of
pavement of Park Street.
MW-16 encroaching onto the City's right-of-way,one hundred fourteen(114)
feet south of the edge of the pavement of Park Street and eight (8) feet west of the
edge of pavement of Milam Street.
The Administration recommends authorization to execute the License to Encroach Agreement.
BACKGROUND
The installation of two of the above named monitoring wells(MW13 and MW 16) was originally
approved by Council in October 2002 (Res. No. 02-035). The location change of these wells and
the relocation of MW 14, were necessary in order to move them a safe distance from underground
utilities and off private property. The groundwater monitoring wells are being installed to
delineate groundwater contamination. The Encroachment Agreement protects the City from
liability and provides a thirty (30) day cancellation clause.
BUDGETARY IMPACT
There is a one time fee of$1,000 for the License to Encroach.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY:
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION:
Approval/Deny approval to execute a resolution authorizing the execution of a License to
Encroach Agreement with Neches Street Properties, L.L.C., through their agent Apollo
Environmental Strategies, Inc., on the City's Park and Milam Street rights-of-way for the
installation of three (3) groundwater monitoring wells.
apollo-03-ib.wpd
3 March 2003
SUBJECT
LICENSE T
O ENCROACH \
THREE GROUNDWATER
MONITORING WELLS
PARK STREET
AND
MILAM STREET y = EM ,E T
RIGHTS-OF-WAY L B U F
OWNER: NECHES STREET C ��0 � =R❑ AL o
PROPERTIES,L.L.C.
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LOCATION MAP
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City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joe Sanders, Senior Assistant City Attorney
MEETING DATE: March 18, 2003
AGENDA MEMO DATE: March 13, 2003
REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled
David Leaven v City of Beaumont.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of a lawsuit styled David Leaven v
City of Beaumont.
BACKGROUND
Council considered terms for settlement of this lawsuit in Executive Session March 4, 2003.
BUDGETARY EMPACT
None
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the settlement of the lawsuit styled David Leaven v City
of Beaumont.
G:\CG\RESOLUTI\CLAIMLAW.DOC\AGEN MEMO-LAW\LEAVEN-JS 3-18-03.wpd
RESOLUTION NO.
WHEREAS, the lawsuit of David Leaven v City of Beaumont, has been discussed
in an Executive Session properly called and held March 4, 2003; and
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of David
Leaven v City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2003.
- Mayor Evelyn M. Lord -